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Town Board Failed to Take ‘Hard Look’ at Amendment Matter of Youngewirth v. Town of Ramapo NYLJ 11/9/17, p. 22, col. 6 AppDiv, Second Dept. (memorandum opinion)
By Jeffrey Turkel
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
No Consequential Damages When State Takes Neighbor’s Land
Affirmative Covenant Enforceable Against Successor Developer
Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable
Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed
Failure of Consideration a Defense In Action Against Tenant’s Guarantor