Legal Opinion

Liebowitz v. Forman

Appellate Division of the Supreme Court of the State of New York

Decided October 11, 2005PublishedCited by 9 opinions

1Opinion of the Court

*531In an action, inter alia, to enforce a restrictive covenant, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Covello, J.), dated November 25, 2003, which determined that the trees and shrubs planted by the defendants did not constitute “other physical improvements” within the meaning of the subject restrictive covenant.

Ordered that the order is affirmed, with costs.

The plaintiffs own a residence in Sands Point. The defendants’ property abuts the plaintiffs’ property to the east. The plaintiffs allege that the defendants planted trees and shrubs which obstruct the…

2Cases cited7 opinions

  1. Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
  2. In re the Estate of PoggemeyerAppellate Division of the Supreme Court of the State of New York · 1982
  3. Bear Mountain Books, Inc. v. Woodbury Common PartnersAppellate Division of the Supreme Court of the State of New York · 1996
  4. Jennings Beach Ass'n v. KaiserAppellate Division of the Supreme Court of the State of New York · 1988
  5. Rydberg v. Jennings Beach Ass'nAppellate Division of the Supreme Court of the State of New York · 1979

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3Cited by9 opinions

  1. Ford v. FinkAppellate Division of the Supreme Court of the State of New York · 2011
  2. Birch Tree Partners, LLC v. Windsor Digital Studio, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. Halfond v. White Lake Shores Ass'nAppellate Division of the Supreme Court of the State of New York · 2014
  4. Wechsler v. GasparriniAppellate Division of the Supreme Court of the State of New York · 2007
  5. Kaung v. Board of Managers of Biltmore Towers Condominium Ass'nNew York Supreme Court · 2008

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