CIVIC ASS'N AT ROSLYN COUNTRY CLUB, INC. v. LEVITT & SONS INC.


7 N.Y.2d 894 (1960)

Civic Association at Roslyn Country Club, Inc., Plaintiff, and Mildred Brownstein et al., Individually and on Behalf of All Other Property Owners in the Development Area Known as "Roslyn Country Club", in the Town of North Hempstead, Similarly Situated, Appellants-Respondents, v. Levitt and Sons Incorporated et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided January 14, 1960.


Attorney(s) appearing for the Case

Joseph Calderon, Irwin Karp, Elias Messing and Irving B. Stewart for appellants-respondents.

Benjamin Heller and Nathaniel Taylor for respondents-appellants.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS and FOSTER. Judges FULD, FROESSEL and BURKE dissent and vote to reverse the judgment appealed from insofar as it modifies the decree made by the Official Referee, dated May 16, 1958, and to reinstate said decree.


Judgment affirmed, without costs. The sales brochure, subdivision maps and commencement of performance by defendants of these representations are sufficient to estop them from denying the existence of easements for the use of this property for the recreational purposes on the terms described in the report of the Official Referee as modified by the Appellate Division (White v. La Due & Fitch, 303 N.Y. 122, 127-128; Phillips v....

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