Practice point: Pursuant to RPAPL 1951(1), the covenant will not be enforced if, at the time enforceability of the restriction is brought into question, it seems that the restriction is of no actual and substantial benefit to the persons seeking its enforcement or seeking a declaration or determination of its enforceability.
Student note: The party seeking relief from the covenant bears the burden of proof.
Case: Blue Is. Dev., LLC v. Town of Hempstead, NY Slip Op 06465 (2d Dep't October 5, 2016)
Here is the decision.
Tomorrow's issue: A stipulation of settlement in a divorce action.
