Westmoreland Ass'n v. West Cutter Estates, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kunzeman, J. P.
This appeal presents a situation in which a homeowners’ association seeks to enjoin the defendants from completing construction of three single-family homes on the ground that the construction violates a restrictive covenant requiring that dwellings be set back a minimum of 20 feet from the front line of the property. This restriction applied to virtually every similarly situated residential lot in the area on the border of Queens and Nassau Counties known as Westmoreland. There is no dispute that the houses in question were subject to the restrictive…
2Cases cited8 opinions
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Korn v. . CampbellNew York Court of Appeals · 1908
- Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
- Graham v. BeermunderAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by16 opinions
- City of New York v. Delafield 246 Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Forest Close Ass'n v. RichardsAppellate Division of the Supreme Court of the State of New York · 2007
- Emerald Green Property Owners Ass'n v. Jada Developers, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Jones v. FowlerAppellate Division of the Supreme Court of the State of New York · 1994
- Broadway-Flushing Homeowners' Ass'n v. DilluvioAppellate Division of the Supreme Court of the State of New York · 2012
11 more not listed; retrieve them via the Exa API.