New York Court of Appeals
John Chambers, Respondents v. Old Stone Hill Road Associates, Appellants
February 24, 20041 N.Y.3d 424
Summary
The New York Court of Appeals affirmed the Appellate Division’s order enforcing the residential restrictive covenants on the Stone Hill property, rejecting the defendants’ arguments that the covenants offend public policy under the Telecommunications Act of 1996 or should be extinguished under RPAPL 1951. The court held that the covenants are enforceable, do not preempt private rights, and that the defendants failed to meet their burden of proof of hardship or lack of benefit.