Legal Opinion
Dubrowsky v. Benedict
New York Supreme Court
Decided August 2, 1971PublishedCited by 3 opinions
1Opinion of the CourtBernard S. Meyer, J.
This motion for summary judgment raises the interesting and, it appears, somewhat novel question whether a covenant running with the land can be created by will. The court concludes that, at least in the circumstances of this case, it has not been.
Elizabeth Schoppa died October 1,1967, and by her will devised her only real property, a three and one-half acre parcel of land in Farmingdale containing a one-family house at the northerly end thereof, to her sister Rose Seyfarth. The devise included the following language: “ I do hereby restrict the unimproved portion of my said real property to…
2Cases cited15 opinions
- Bristol v. WoodwardNew York Court of Appeals · 1929
- Equitable Life Assurance Society v. BrennanNew York Court of Appeals · 1896
- Lewis v. . GollnerNew York Court of Appeals · 1891
- Morrill Realty Corp. v. Rayon Holding Corp.New York Court of Appeals · 1930
- Simmons v. . CrisfieldNew York Court of Appeals · 1910
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3Cited by3 opinions
- Procacci v. ZaccoDistrict Court of Appeal of Florida · 1975
- Brandwein v. SerranoNew York Supreme Court · 1972
- Bill Wolf Petroleum Corp. v. Chock Full of Power Gasoline Corp.New York Supreme Court · 1972