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Real Property Law
Restrictive Covenant Enforceable Despite Permission By Successor Landowner
Dodge v. Baker 194 A.D.3d 1348 AppDiv, Fourth Dept. (memorandum opinion)
In an action by neighbor for a declaration that landowners' fence violated a restrictive covenant, neighbor appealed from Supreme Court's denial of his summary judgment motion. The Appellate Division modified to declare that the fence violated the covenant, rejecting landowners' argument that they had secured the required permission to build a fence.
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