Legal Opinion

Ioannou v. Southold Town Planning Board

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

Decided April 7, 2003PublishedCited by 8 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Southold Town Planning Board, dated April 16, 2001, which denied the petitioner’s subdivision application, the Southold Town Planning Board appeals from a judgment of the Supreme Court, Suffolk County (Costello, J.), dated April 29, 2002, which granted the petition and annulled the determination.

Ordered that the judgment is affirmed, with costs.

Restrictive covenants are strictly construed against those seeking to enforce them and will be enforced only where their existence has been established by clear and convincing…

2Cases cited6 opinions

  1. Witter v. TaggartNew York Court of Appeals · 1991
  2. Andy Associates, Inc. v. Bankers Trust Co.New York Court of Appeals · 1979
  3. Buffalo Academy of Sacred Heart v. Boehm Bros.New York Court of Appeals · 1935
  4. Doyle v. LazarroAppellate Division of the Supreme Court of the State of New York · 1970
  5. Doyle v. LazarroNew York Court of Appeals · 1974

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

3Cited by8 opinions

  1. O'MARA v. Town of WappingerNew York Court of Appeals · 2007
  2. O'MARA v. Town of WappingerDistrict Court, S.D. New York · 2005
  3. Butler v. MathissonAppellate Division of the Supreme Court of the State of New York · 2014
  4. O'Mara v. Town of WappingerCourt of Appeals for the Second Circuit · 2007
  5. Shehan v. CommissoAppellate Division of the Supreme Court of the State of New York · 2022

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

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