Suffolk Business Center, Inc. v. Applied Digital Data Systems, Inc.

In an action, inter alia, to compel a reconveyance of property, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), dated December 18, 1992, as determined that RPAPL 1951 was applicable to a construction/ repurchase covenant contained in a deed, extinguished the covenant, and directed the Clerk of the Court to place the action on the calendar for an assessment of the damages the plaintiff suffered as a result of the extinguishment of the covenant.

*516Ordered that the order is reversed insofar as appealed from, on the law, with costs, the first,…