Monday, April 16, 2007

Another certified question. The Second Circuit has certified another question to the New York State Court of Appeals:

Is an open space restriction imposed by a subdivision plat under New York Town Law 276 enforceable against a subsequent purchaser, and under what circumstances?

The Second Circuit has stated that it has many times greatly benefitted from the guidance of the New York State Court of Appeals. Sure it's dictum, but it's nice to know.

The decision in O'Mara v. Town of Wappinger can be found here.

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