Graham v. Beermunder
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
opinion of the court
Gibbons, J. P.
The issue on these appeals is whether the plaintiffs, who own land near that of defendants Beermunder, may enforce a covenant contained in the Beermunders’ deed. Plaintiffs maintain that they have an equitable right of *255enforcement, based on the existence of a common plan or scheme of development of which their properties and that of the Beermunders are a part. We find that the record proves the existence of such a common plan by clear and definite evidence.
I
In August, 1970, defendants Beermunder (hereinafter defendants) purchased an approximately 17-acre…
2Cases cited15 opinions
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Korn v. . CampbellNew York Court of Appeals · 1908
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Westmoreland Ass'n v. West Cutter Estates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1992
- Federated Conservationists of Westchester County, Inc. v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2004
- Donn v. SowersAppellate Division of the Supreme Court of the State of New York · 1984
- Emerald Green Property Owners Ass'n v. Jada Developers, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Nicosia v. ShultisAppellate Division of the Supreme Court of the State of New York · 1997
10 more not listed; retrieve them via the Exa API.