Rockwell v. Despart, 212 A.D.3d 27 (N.Y. App. Div. 3d Dept. Dec. 8, 2022)
About This Legal Opinion
The appellate court held that the 2013 conveyance of Parcel B by the Audubon Society to Despart was not automatically void but instead merely voidable because of the potential violation of the restrictive covenant. The Attorney General's rescission claim was thus dismissed because it was not brought within the applicable limitations period. But the case is far from settled, as the Estate’s other claims remain to be resolved.
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