West Branch Conservation Ass'n v. County of Rockland

OPINION OF THE COURT

Alfred J. Weiner, J.

This is an action for specific enforcement of restrictive covenants and written pledges which have been allegedly breached by defendants by allowing the existence of an encroachment.

Defendants move and cross-move for judgment dismissing the complaint for plaintiffs’ lack of standing, failure to state a cause of action, and that there is a complete defense founded upon documentary evidence. Plaintiffs cross-move for summary judgment against defendants.

Plaintiffs are donors, or successors-in-interest to donors, of real property to Rockland County.…