New York Court of Appeals
In the Matter of Columbus Park Corporation, Respondent v. Department of Housing Preservation and Development of the…
July 2, 199280 N.Y.2d 19
Summary
The New York Court of Appeals held that the restrictive covenants in both Columbus Park and Bronx Park East required the owners to continue providing Mitchell‑Lama housing for 40 and 50 years respectively, thereby superseding the statutory 20‑year right to dissolve; the Court reversed the Appellate Division orders and dismissed the petition in Columbus Park while granting the motion to dismiss the first and second causes of action in Bronx Park East.