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New York Real Estate Law Reporter

June 2007

Enforcing City-Imposed Covenants Against Successor Landowners

By Stewart E. Sterk

When the City of New York sells property subject to statutorily authorized conditions, what language in the deed is necessary to ensure that the conditions bind subsequent purchasers? That question confronted the Court of Appeals in 328 Owners Corp. v. 300 West 86 Oaks Corp. (NYLJ 4/4/07, p. 18, col. 1), in which the Court of Appeals held that successor purchasers were bound by deed language restricting the original purchaser to use of the property for rehabilitation or conservation of the existing building or construction of one to four unit dwellings.

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