Legal Opinion
Greek Peak, Inc. v. Grodner
New York Court of Appeals
Decided May 3, 1990PublishedCited by 22 opinions
1Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (155 AD2d 827). We add only that a party seeking to enforce a restriction on land use must prove, by clear and convincing evidence, the scope, as well as the existence, of the restriction (see, Willow Tex v Dimacopoulos, 68 NY2d 963; Huggins v Castle Estates, 36 NY2d 427; Premium Point Park Assn. v Polar Bar, 306 NY 507). Plaintiffs failed to do so in this case.
Concur: Chief…
2Cases cited4 opinions
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
- Premium Point Park Ass'n v. Polar Bar, Inc.New York Court of Appeals · 1954
- Willow Tex, Inc. v. DimacopoulosNew York Court of Appeals · 1986
- Greek Peak, Inc. v. GrodnerAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by22 opinions
- Turner v. CaesarAppellate Division of the Supreme Court of the State of New York · 2002
- Ludwig v. Chautauqua Shores Improvement Ass'nAppellate Division of the Supreme Court of the State of New York · 2004
- Bear Mountain Books, Inc. v. Woodbury Common PartnersAppellate Division of the Supreme Court of the State of New York · 1996
- Halfond v. White Lake Shores Ass'nAppellate Division of the Supreme Court of the State of New York · 2014
- Perrin v. Bayville Village BoardAppellate Division of the Supreme Court of the State of New York · 2010
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