Legal Opinion

O'Neill v. Pinkowski

Appellate Division of the Supreme Court of the State of New York

Decided February 9, 2012PublishedCited by 8 opinions

1Opinion of the CourtEgan Jr., J.

*1064Plaintiffs seek enforcement of the following covenants: “(2) The premises shall be used solely and exclusively for single-family private residential purposes ... (6) No business or occupation or any nuisance whatever . . . shall be erected, carried on, maintained or permitted on the premises at any time nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.” In order to establish that the covenants alleged run with the land,3 plaintiffs needed to demonstrate that “(1) the grantor and grantee intended the covenant to run with the land, (2) there…

2Cases cited7 opinions

  1. DiBartolomeo v. St. Peter's Hospital of AlbanyAppellate Division of the Supreme Court of the State of New York · 2010
  2. Chiarini v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2004
  3. Harrison v. Westview Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  4. Seagirt Realty Corp. v. ChazanofNew York Court of Appeals · 1963
  5. Village of Philadelphia v. FortisUs Energy Corp.Appellate Division of the Supreme Court of the State of New York · 2008

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Staunton v. BrooksAppellate Division of the Supreme Court of the State of New York · 2015
  2. Pugliatti v. RiccioAppellate Division of the Supreme Court of the State of New York · 2015
  3. Niagara Mohawk Power Corporation v. Allied Healthcare Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Kingston Model Railroad Club, Inc. v. Eleven Main Group, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  5. Kingston Model Railroad Club, Inc. v. Eleven Main Group, LLCAppellate Division of the Supreme Court of the State of New York · 2014

3 more not listed; retrieve them via the Exa API.

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