Adverse Possession—Deed Restriction—There Is a Dearth of Authority in New York On the Construction To Be Given to the Phrase ‘Single Family Residential Purposes’ When Such Appears In a Deed Covenant or Restrictive Declaration—Adverse Possession Claim Failed—Lack of Evidence That Use of Disputed Land Was Under a ‘Claim Of Right’ Even Though The Use Was ‘Exclusive’—Deed Restriction Limiting Use to ‘Single Family Residential Purposes’ Violated By Owner Who Rented Home for ‘Ongoing Short-Term Rentals To Transient Tenants’—Even if Short Term Rentals Were Not Commercial Use, They Would Not Be ‘Single-Family Residential Uses’—Transient Tenants’ Use for ‘Cooking, Bathing, Sleeping And Recreating’ Were ‘Quintessentially Residential’—‘A Single-Family Use Is One That ‘Bears the Generic Character of a Family Unit Has a Relatively Permanent Household’”

This decision involves issues relating to a deed restriction that property be used for single-family residential purposes and not for “commercial activity” and a claim for adverse possession.

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