Ioannou v. Southold Town Planning Board
Cases that cite this one
8 later published cases cite this decision.
- O'MARA v. Town of Wappinger (District Court, S.D. New York 2005)
- O'mara Iii v. Town Of Wappinger (2d Cir. 2007)
- O'Mara v. Town of Wappinger (2d Cir. 2007)
- Butler v. Mathisson (Appellate Division of the Supreme Court of New York 2014)
- Butler v. Mathisson (Appellate Division of the Supreme Court of New York 2014)
- O'Mara v. Town of Wappinger (2d Cir. 2007)
- Shehan v. Commisso (Appellate Division of the Supreme Court of New York 2022)
- O'MARA v. Town of Wappinger (N.Y. 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Southold Town Planning Board, dated April 16, 2001, which denied the petitioner’s subdivision application, the Southold Town Planning Board appeals from a judgment of the Supreme Court, Suffolk County (Costello, J.), dated April 29, 2002, which granted the petition and annulled the determination.
Ordered that the judgment is affirmed, with costs.
Restrictive covenants are strictly construed against those seeking to enforce them and will be enforced only where their existence has been established by clear and convincing proof (see Witter v Taggart, 78 NY2d 234, 237-238 [1991]). The recording statutes in a grantor-grantee indexing system charge a purchaser with notice of matters only in the record of the purchased land’s chain of title back to the original grantor (see Andy Assoc. v Bankers Trust Co., 49 NY2d 13, 24 [1979]; Aiello v Wood, 76 AD2d 1019 [1980]; Doyle v Lazarro, 33 AD2d 142 [1970], affd 33 NY2d 981 [1974]). A purchaser is not normally required to search outside the chain of title (see Buffalo Academy of Sacred Heart v Boehm Bros., 267 NY 242 [1935]). A purchaser is not chargeable with constructive notice of conveyances recorded outside of that purchaser’s direct chain of title, where, as in Suffolk County, the grantor-grantee system of indexing is used (see Real Property Law § 316-a; Witter v Taggart, supra at 237; Andy Assoc. v Bankers Trust Co., supra at 24).
The appellant’s remaining contentions need not be addressed in light of our determination. Feuerstein, J.P., H. Miller, Townes and Mastro, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.