Legal Opinion

Orange & Rockland Utilities, Inc. v. Philwold Estates, Inc.

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

Decided November 1, 1979PublishedCited by 15 opinions

1Opinion of the Court

*340OPINION OF THE COURT

Greenblott, J.

This is an action in which plaintiffs request a declaration that a clause restricting the use of certain realty expired upon the death of the grantor. In the alternative, plaintiffs seek to extinguish the restriction pursuant to section 1951 of the Real Property Actions and Proceedings Law.

In 1923, William A. Bradford owned in fee a tract of realty in Sullivan County through which the Neversink River passes. By deed dated July 9, 1923, Bradford conveyed various parcels of this tract on the easterly and westerly side of the Never-sink River to Alfred J. Crane.…

2Cases cited21 opinions

  1. Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
  2. Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
  3. Miner v. . BeekmanNew York Court of Appeals · 1872
  4. Shipman v. Words of Power Missionary Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  5. Calhoun v. . MillardNew York Court of Appeals · 1890

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3Cited by15 opinions

  1. Kraker v. RollAppellate Division of the Supreme Court of the State of New York · 1984
  2. Bank of America, N.A. v. 414 Midland Avenue Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  3. Conkey v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  4. Continental Casualty Co. v. Employers InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  5. Wechsler v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1993

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