Legal Opinion
Suffolk Business Center, Inc. v. Applied Digital Data Systems, Inc.
New York Court of Appeals
Decided October 17, 1991PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The issue is whether the parties intended that a construction and repurchase clause should constitute a covenant running with the land, enforceable by specific performance, or a future interest on a condition subsequent, enforceable only under Real Property Actions and Proceedings Law (RPAPL) § 1953. We hold that the parties’ intention, reflected in a merged obligation found in the deed of sale, produced a covenant and we therefore modify by denying the defendant’s cross motion for summary judgment and remitting to Supreme Court for further proceedings.
*386Plaintif…
2Cases cited13 opinions
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Upington v. . CorriganNew York Court of Appeals · 1896
- Post v. . WeilNew York Court of Appeals · 1889
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Graves v. . DeterlingNew York Court of Appeals · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- 328 Owners Corp. v. 330 West 86 Oaks Corp.New York Court of Appeals · 2007
- Stonegate Family Holdings, Inc. v. Revolutionary Trails, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Villanova Estates, Inc. v. Fieldston Property Owners Ass'nAppellate Division of the Supreme Court of the State of New York · 2005
- White v. LongAppellate Division of the Supreme Court of the State of New York · 1994
- Romanoff v. Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2008
6 more not listed; retrieve them via the Exa API.