HEARTWOOD FORESTLAND FUND, III, L.P. v. CROOKED LAKE PRESERVE, LLC


60 A.D.3d 1431 (2009)

875 N.Y.S.2d 382

HEARTWOOD FORESTLAND FUND, III, L.P., Appellant, v. CROOKED LAKE PRESERVE, LLC, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 20, 2009.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the complaint is reinstated, the motion is granted, the counterclaim is dismissed and defendants are permanently enjoined from interfering with plaintiff's use of the right-of-way over the property in question as set forth in and restricted by the agreement dated March 9, 1987.

Memorandum: In...

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