Rockwell v. Despart, 2022 NY Slip Op 03156 (N.Y. App. Div. 3d Dept. May 12, 2022)
About This Legal Opinion
After the 2018 dismissal in Gorman v. Despart, the Estate of Rockwell filed a new suit to enforce the restrictive covenant. The trial court held for plaintiff on summary judgment on the standing issue and the appellate court affirmed, finding that the 2018 opinion’s finding that the Estate had standing to enforce the restrictive covenant was essential to its holding that the neighbors lacked such standing, and thus the doctrine of collateral estoppel applied. The courts also found that the doctrines of merger and changed conditions did not apply to terminate the restrictive covenant, in particular because of Rockwell’s and Audubon International’s clearly stated intent that the covenant be perpetual.
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