Dever v. DeVito, 84 AD3d 1539 (3d Dept 2011)

The firm represented the defendants in this residential property dispute involving private covenants and restrictions in a homeowner’s association. In this case, a neighbor attempted to enjoin the demolition of a 1930’s era home on the shore of Lake Placid and stop the construction of a new home. The Appellate Division reversed the trial court on appeal, and granted the defendants summary judgment dismissing the complaint. The appellate court found that the private covenant/restriction, which sought to regulate the “view” from neighboring properties, did not apply to the replacement home. In addition, the court found that the case was moot because the new house was completed before the appeal was decided. The case is the subject of recent articles in trade publications and journals.