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New York Court of Appeals, 1990

Greek Peak, Inc. v. Grodner

Greek Peak, Inc. v. Grodner
New York Court of Appeals · Decided May 3, 1990
75 N.Y.2d 981; 555 N.E.2d 906; 556 N.Y.S.2d 509; 1990 N.Y. LEXIS 1016

Greek Peak, Inc. v. Grodner

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (155 AD2d 827). We add only that a party seeking to enforce a restriction on land use must prove, by clear and convincing evidence, the scope, as well as the existence, of the restriction (see, Willow Tex v Dimacopoulos, 68 NY2d 963; Huggins v Castle Estates, 36 NY2d 427; Premium Point Park Assn. v Polar Bar, 306 NY 507). Plaintiffs failed to do so in this case.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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