Legal Opinion
Birt v. Ratka
Appellate Division of the Supreme Court of the State of New York
Decided October 2, 2009PublishedCited by 2 opinions
1Opinion of the Court
Appeal and cross appeal from a judgment (denominated order) of the Supreme Court, Chautauqua County (Joseph Gerace, J.H.O.), entered May 21, 2008. The judgment, inter alia, extinguished the restrictive covenant contained in the deed to defendants’ property on the condition that defendants modify their deed.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Chautauqua County, for further proceedings in accordance with the following memorandum: Plaintiff commenced this action seeking, inter alia,…
2Cases cited5 opinions
- Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.New York Court of Appeals · 1981
- Chambers v. Old Stone Hill Road AssociatesNew York Court of Appeals · 2004
- Board of Education, East Irondequoit Central School District v. DoeAppellate Division of the Supreme Court of the State of New York · 1982
- New York City Economic Development Corp. v. T.C. Foods Import & Export Co.Appellate Division of the Supreme Court of the State of New York · 2005
- Birt v. RatkaAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by2 opinions
- Blue Island Development, LLC v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2015
- Blue Island Development, LLC v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 2016