Eagle Enterprises, Inc. v. Gross,

39 N.Y.2d 505, 349 N.E.2d 816, 384 N.Y.S.2d 717 (1976)

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Nature of the Case

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Facts

Baum bought a parcel of land from Orchid Hill Realtors. In the deed, Baum agreed to pay Orchid Hill Realtors water charges of $35 per year for supplying water to the property from May 1st to October 1st. The deed expressly stated that this covenant would run with the land and all subsequent owners. Eagle Enterprises, Inc. (P) received the land from Orchid Hill Realtors. Gross (D) received the land from Baum, but his deed had no mention of the covenant to purchase water. D refused to pay P for the water because he had constructed his own year-round water supply. P sued D to collect the money agreed upon in the covenant. The trial court held for P. The appellate division reversed. P appealed.