Legal Opinion
Birt v. Ratka
Appellate Division of the Supreme Court of the State of New York
Decided April 20, 2007PublishedCited by 5 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Chautauqua County (Paula L. Feroleto, J), entered June 22, 2006 in an action seeking to enforce a restrictive covenant. The order denied plaintiffs motion for summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
*1239Memorandum: Plaintiff commenced this action seeking to enforce a restrictive covenant prohibiting defendants from subdividing property that had a right-of-way over plaintiff’s property. In their answer, defendants asserted a counterclaim seeking to extinguish the…
2Cases cited4 opinions
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
- Chambers v. Old Stone Hill Road AssociatesNew York Court of Appeals · 2004
- Smith v. SheppardAppellate Division of the Supreme Court of the State of New York · 2003
- New York City Economic Development Corp. v. T.C. Foods Import & Export Co.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by5 opinions
- Andrews, Pusateri, Brandt, Shoemaker & Roberson, P.C. v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2012
- Birt v. RatkaAppellate Division of the Supreme Court of the State of New York · 2009
- ANDREWS, PUSATERI, BRANDT, SHOEMAKE, R & ROBERSON, P.C. v. COUNTY OF NIAGARAAppellate Division of the Supreme Court of the State of New York · 2012
- Rodriguez v. City of N.Y.Court for the Trial of Impeachments and Correction of Errors · 2018
- Rodriguez v. City of New YorkNew York Court of Appeals · 2018