Westmoreland Association, Inc. v. West Cutter Estates, Ltd, Et Al

579 N.Y.S.2d 413 (1992)

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Nature of the Case

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Facts

The Westmoreland area is subject to a set of private restrictive covenants commonly known as the Rickert-Finlay agreements. The property was owned by a common grantor, the Rickert-Finlay Realty Company. Westmoreland was developed, and the common grantor imposed certain restrictions on the lots therein. The covenants containing these restrictions appeared in Ds' chain of title in a deed dated July 30, 1924, from Rickert Holding Corp. to Stiles Realty Corp. Ds were, therefore, on notice of their existence. Dwellings were to be set back a minimum of 20 feet from the front line of the property. There is no dispute that D's houses in question were subject to the restrictive covenant and that they were being built at a distance of 15 feet from the front lines of the respective lots. P was first formed in 1917 and was incorporated in 1924. Its bylaws provide that membership in the association 'shall be limited to residents or property owners of the development known as Westmoreland, situated in the Counties of Queens and Nassau, Long Island, New York, who shall automatically become members of the Association by virtue of such residence or ownership therein.' The bylaws further provide for annual dues of $5, payable by April 1st of each year. Among the particular objectives for which the association was organized, as set forth in its certificate of incorporation, is to 'take all lawful action to maintain and enforce covenants and restrictions of record relating to the use of land and buildings within said, Westmoreland.' P sued D for permanent injunctive relief. Construction was halted by order of the Supreme Court, Queens County, dated July 23, 1987, upon the application of P. D contends, on appeal, that P had no standing to commence this action.