CONSERVATION ASSN v. ROCKLAND


163 Misc.2d 290 (1994)

621 N.Y.S.2d 271

West Branch Conservation Association, Inc., as Successor in Interest to Karoline W. Davis, Also Known as Karoline W. Detwiler, et al., Plaintiffs, v. County of Rockland et al., Defendants.

Supreme Court, Rockland County.

November 18, 1994


Attorney(s) appearing for the Case

Paul V. Nowicki, County Attorney, for County of Rockland, defendant. Ferraro & Zugibe (Thomas P. Zugibe of counsel), for Continental Cablevision, defendant. Harris, Beach & Wilcox (Andrew W. Gilchrist of counsel), for plaintiffs.


ALFRED J. WEINER, J.

This is an action for specific enforcement of restrictive covenants and written pledges which have been allegedly breached by defendants by allowing the existence of an encroachment.

Defendants move and cross-move for judgment dismissing the complaint for plaintiffs' lack of standing, failure to state a cause of action, and that there is a complete defense founded upon documentary...

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