Legal Opinion
Wagenhoffer v. Bier
New York Supreme Court
Decided September 13, 1973PublishedCited by 1 opinion
1Opinion of the CourtLeon D. Lazbb, J.
Plaintiff in this action is the owner of three subdivision lots which he purchased from certain developers in 1971. In 1954, the same developers had encumbered their 15-lot map with certain covenants and restrictions. Those covenants limited the property to residential uses. Over the years 12 of the lots, so encumbered, were sold to the defendants. In 1968, the developers released the-last three lots from the covenants and they were sold to the plaintiff who seeks to construct a motel on them.
The complaint seeks judgment declaring -that the covenants no longer affect plaintiff’s land. The…
2Cases cited8 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Simler v. ConnerSupreme Court of the United States · 1963
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Evangelical Lutheran Church of Ascension v. SahlemNew York Court of Appeals · 1930
- McKenna v. MeehanNew York Court of Appeals · 1928
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3Cited by1 opinion
- Kaufman v. BrennerAppellate Division of the Supreme Court of the State of New York · 1978