Nature Conservancy v. Congel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Callahan, J.
Madalyn Eisenberg, Henry Eisenberg, M.D., Carol Dana and Sidney T. Dana,.M.D. (plaintiffs) are the owners of real property for whose benefit a restrictive covenant was imposed in a deed from the predecessor in title of Scott Congel and Milestone Materials (Milestone) (collectively defendants). At issue on this appeal is whether plaintiffs may enforce the covenant as third-party beneficiaries despite the absence of any privity between the grantor and plaintiffs. Supreme Court concluded that plaintiffs are “strangers to the deed” and could not enforce the…
2Cases cited11 opinions
- Korn v. . CampbellNew York Court of Appeals · 1908
- Witter v. TaggartNew York Court of Appeals · 1991
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
- Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
- Thomson v. WadeNew York Court of Appeals · 1987
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3Cited by15 opinions
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- People v. BlackfordAppellate Division of the Supreme Court of the State of New York · 1998
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