Sync Realty Group, Inc. v. Rotterdam Ventures, Inc.

Appeal from an order of the Supreme Court (Reilly, Jr., J.), entered January 14, 2009 in Schenectady County, which denied plaintiffs motion for a preliminary injunction.

Plaintiff and defendant own neighboring parcels of real property in the Town of Rotterdam, Schenectady County. Defendant acquired title to its parcel from the United States in 1969 by a deed in which defendant covenanted to provide sewer service to plaintiffs parcel, then still owned by the United States. When the United States sold the parcel to plaintiff 39 years later, defendant notified plaintiff that it was discontinuing…