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Hampton I Realty Corp. v. Travertine Corp.

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 679 (N.Y. App. Div. 1997)

Opinion

September 29, 1997

Appeal from the Supreme Court, Suffolk County (Underwood, J.).


Ordered that the order dated October 3, 1996, is affirmed; and it is further,

Ordered that the order dated October 15, 1996, is reversed, on the law, and the plaintiffs' motion for a preliminary injunction is granted, and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The plaintiffs have successfully demonstrated their entitlement to a preliminary injunction ( cf., Schlichting v. K'Hal Adas Kashau, 195 A.D.2d 551). The plaintiffs have established a likelihood of success on the merits with respect to their claim that a restrictive covenant required the defendants to preserve the natural characteristics of the so-called woodland buffer zone bordering the parties' properties. Moreover, the plaintiffs have further demonstrated that the equities favor them and that irreparable harm would result-absent the issuance of a preliminary injunction ( see, Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860; Fulop v. Sea Gate Assn., 214 A.D.2d 536; Melvin v. Union Coll., 195 A.D.2d 447; Jurlique, Inc. v. Austral Biolab Pty., 187 A.D.2d 637).

The Supreme Court properly dismissed the plaintiffs' cause of action sounding in adverse possession ( see, Litwin v. Town of Huntington, 208 A.D.2d 905; Esposito v. Stackler, 160 A.D.2d 1154).

Thompson, J.P., Joy, Friedmann and Krausman, JJ., concur.


Summaries of

Hampton I Realty Corp. v. Travertine Corp.

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1997
242 A.D.2d 679 (N.Y. App. Div. 1997)
Case details for

Hampton I Realty Corp. v. Travertine Corp.

Case Details

Full title:KAM HAMPTON I REALTY CORP. et al., Appellants, v. TRAVERTINE CORPORATION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 29, 1997

Citations

242 A.D.2d 679 (N.Y. App. Div. 1997)
664 N.Y.S.2d 945