CPS Operating Co. v. Pathmark Stores, Inc.

Saxe, J.E (dissenting).

Today, the majority ignores a clear and

unássailable land use restriction contained in a land disposition agreement entered into many years ago by the City of New York’s Department of Housing Preservation and Development (HPD) and a prior purchaser of the land, as part of an urban renewal plan. Its ruling would authorize a transfer of property in the absence of HPD approval of the conveyance, although the land disposition agreement concerning the property requires that any such transfer first be approved by HPD. I believe that this restriction on transfers contained in…