New York Court of Appeals
John Chambers, Respondents v. Old Stone Hill Road Associates, Appellants
February 24, 20041 N.Y.3d 424
Summary
The Court affirmed the Appellate Division, holding that the restrictive covenants limiting the Stone Hill property to single‑family residential use are enforceable and not contrary to public policy or the Telecommunications Act of 1996. The Court also affirmed that the covenants are not extinguishable under RPAPL 1951 because the plaintiffs retain a substantial benefit and the defendants have not shown undue hardship. Justice Read dissented, arguing that the covenants should be invalidated as contrary to the TCA's antiprohibition clause.