Intelligence

In Rockwell v Despart (87 Misc3d 233 [Sup Ct, Albany County 2025]), the trial court extinguished and declared unenforceable a restrictive covenant that the subject property remain “forever wild” in the loving memory of a decedent. The covenant was supposed to “run with the land,” and a subsequent purchaser was well-aware of the covenant and paid below market value because of it. Yet, the purchaser ultimately prevailed in extinguishing the covenant. The Albany County Supreme Court’s Decision, Order, and Judgment was appealed to the Appellate Division, Third Department, is fully briefed, and is awaiting oral argument.