Beeren & Barry Investments, L.L.C. v. Equity Trustees, L.L.C.

By Judge Joanne f. Alper

This matter came before the Court on June 1,2007, for oral argument upon Plaintiff s motion for summary judgment. The parties agree that this case can be properly resolved by summary judgment as there are no material facts in dispute. Having taken the matter under advisement and reviewed the memoranda and arguments of counsel for the parties, the Court concludes that the Option to Purchase (“the Option”) found in the Deferred Purchase Money Deed of Trust (“deed of trust”) is a restrictive covenant that runs with the land, but is limited to the conditions in the deed of…