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Second Circuit Certifies Question to the NY Court of Appeals

Today, in O'Mara v. Town of Wappinger, Docket Nos. 06-0078-cv(L), 06-1323-cv(CON), the United States Court of Appeals for the Second Circuit certified the following question to the New York 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?

Thanks to Sandy Hausler of the Second Opinions blog for pointing out this decision to me.


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