Legal Opinion
328 Owners Corp. v. 330 West 86 Oaks Corp.
New York Court of Appeals
Decided April 3, 2007PublishedCited by 29 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The issue in this case is whether land use restrictions as set forth in article 16 of the General Municipal Law and referenced in the recitals of a deed to real property can be enforced against a successor grantee. We hold that under the circumstances presented here, they can.
The subject property, located at 330 West 86th Street in Manhattan, came into municipal ownership through an in rem tax foreclosure proceeding. The property consists of a five-story townhouse, constructed around 1900, which serves as an eight-unit multiple dwelling. The building, upon…
2Cases cited12 opinions
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Witter v. TaggartNew York Court of Appeals · 1991
- Post v. . WeilNew York Court of Appeals · 1889
- Granada Buildings, Inc. v. City of KingstonNew York Court of Appeals · 1982
- Booth v. . KnipeNew York Court of Appeals · 1919
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Albright v. DaveyAppellate Division of the Supreme Court of the State of New York · 2009
- Harrison v. Westview Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Koepp v. HollandDistrict Court, N.D. New York · 2010
- Romanoff v. Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2008
- City of New York v. National Railroad Passenger Corp.Court of Appeals for the D.C. Circuit · 2015
24 more not listed; retrieve them via the Exa API.