Legal Opinion

Johnson v. Zelanis

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

Decided January 9, 2014PublishedCited by 2 opinions

1Opinion of the CourtRose, J.

Defendants purchased Lot 4 in a 23-lot subdivision in the Town of Putnam, Washington County subject to various “covenants, conditions, restrictions and reservations” imposed by the subdivision developer and contained in Schedule A of defendants’ 1986 deed. One such “reservation” is set forth at paragraph 11 of Schedule A. It reserves to the grantor “the right to install, erect, construct, maintain, repair and replace: wires on poles, guys and supports attached thereto, conduits for electricity, telephone lines, T-V aerial service wires, water pipes and lines, sewer pipes and lines, and gas…

2Cases cited15 opinions

  1. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
  2. Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
  3. Witter v. TaggartNew York Court of Appeals · 1991
  4. Will v. GatesNew York Court of Appeals · 1997
  5. Strnad v. BrudnickiAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by2 opinions

  1. In Re the Estate of ShamboAppellate Division of the Supreme Court of the State of New York · 2016
  2. Lamm v. MauserAppellate Division of the Supreme Court of the State of New York · 2015

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