Kaufman & Broad Homes of Long Island, Inc. v. Albertson

Petition for judgment pursuant to CPLR article 78 directing the respondent to record the “ Declaration of Kaufman and Broad Homes of Long Island, Inc.”, and the annexed documents and to file the floor plans of the condominium pursuant to article 9-B of the Real Property Law is granted.

The condominium was approved by the Town of Islip and by the Attorney-General of the State of New York.

On submission of the papers to the County Clerk he refused to accept them on the ground that the petitioner had not complied with section 335 of the Real Property Law. This is the very narrow and novel question…