Broadway Flushing Homeowners' Assoc. v. Eastern NY Enterprises

Real Property

, New York Law Journal


Justice Jeffrey Lebowitz

Broadway Flushing Homeowners Association (BFHA) sought a permanent injunction against Eastern NY Enterprises and Siao from subdividing a corner lot into two single family homes. BFHA argued the subdivision would violate the Rickert-Finlay Covenant requiring houses on corner properties to be at least 80 feet wide and 100 feet long, and non-corner single family homes to be at least 60 feet wide and 100 feet long. Thus, it argued defendants' 120 by 100 foot lot was 20 feet short of being in compliance with the covenant. Defendants argued the covenant was not uniformly enforced. The court accepted BFHA's position that the restrictions continued to serve a legitimate purpose, especially relating to corner lots, to permit for the continued ambiance afforded the community by unobstructed and open views, noting such purpose remained as compelling today as when it was created. Thus, it ruled BFHA met their burden of showing the continued vitality of the covenant today, stating the equities favored BFHA. The court also noted the out of compliance number of homes was insignificant, finding no evidence any corner lots within the covenant were out of compliance, and granted the injunction.

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