WBXB, LLC v. Rosswaag

2 Citing cases

  1. Block 865 Lot 300, LLC v. Baione

    2024 N.Y. Slip Op. 4189 (N.Y. App. Div. 2024)

    Here, the 1966 deed demonstrates that the right of first refusal was for the benefit of the original grantees only (see Martin v Seeley, 191 A.D.3d 1335, 1337). Moreover, to the extent that the surrounding circumstances demonstrate an intent that the covenant should run with the land (see Jennings Beach Assn. v Kaiser, 145 A.D.2d 607, 608), the restriction would violate the rule against perpetuities (see EPTL 9-1.1[b]; Morrison v Piper, 77 N.Y.2d at 171-174; Kozak v Porada, 154 A.D.3d at 1244; Martinsen v Camperlino, 81 A.D.3d 256, 259; cf. WBXB, LLC v Rosswaag, 216 A.D.3d 1053, 1056; Martin v Seeley, 191 A.D.3d at 1337).

  2. WBXB, LLC v. Rosswaag

    2024 N.Y. Slip Op. 24285 (N.Y. Sup. Ct. 2024)

    The allegations in the complaint, answer and counterclaim were set forth in prior orders of the Court which ultimately resulted in a grant of partial summary judgment in defendant's favor. The affirmance of this Court's decision by the Appellate Division (WBXB, LLC v. Rosswaag, 216 A.D.3d 1053, 189 N.Y.S.3d 670 [2d Dept 2023]) also contained a factual recitation. For the purposes of clarity, the background of this dispute