Justice Jerry Garguilo
In an action to enforce the provisions of a 1940 deed in which grantor conveyed real property to defendant Mastic Beach Property Owners Association, which was to be conveyed to a village upon its formation, the association refused a demand by the newly Incorporated Village of Mastic Beach to transfer title to the property. The village sued to enforce its rights under the deed, and sought appointment of a receiver. The association cross-moved for dismissal of the complaint. The court found the village failed to establish entitlement to a receiver, noting there was no showing the alleged activities of the association posed a threat to the property. Also, it found the village failed to sufficiently show entitlement to injunctive relief pending determination of the action. Yet the court noted the village pleaded cognizable claims seeking a determination of its rights in the property and revenues generated from it, denying the association’s motion to dismiss. Further, it noted the parties failed to address if the deed provisions provided for a right of re-entry or possibility of reverter in the village under Real Property Law §345, deeming it unwise to make a decision as to the applicability of the statute, or any exceptions, without the benefit of adequate discovery on the issues.
