O'Mara v. Wappinger, Town of

ELR Citation: ELR 20296
No(s). USCOA-2 141 (N.Y. Nov 15, 2007)

On certification from the U.S. Court of Appeals for the Second Circuit, the New York Court of Appeals held that an open space restriction imposed by a subdivision plat under New York Town Law §276 and filed in the Office of the county clerk pursuant to Real Property Law §334 is enforceable...