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New York Real Estate Law ReporterColumns & DepartmentsLandlord Tenant LawLitigation

Real Property Law

By NYRE Staff
April 01, 2023

Injunctive Relief Denied In Action to Enforce Restrictive Covenant

Halaby v. Denzak, 2022 WL 17882707, AppDiv, Fourth Dept. (memorandum opinion)

In neighbor's action to enforce restrictive covenants against landowner, neighbor appealed from Supreme Court's dismissal of his claim for injunctive relief requiring removal of fencing, and landowner cross-appealed from Supreme Court's determination that the covenant barred landowner from placing a shed on their lot. The Appellate Division modified to grant a directed verdict to landowner denying an injunction against the shed, and otherwise affirmed.

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