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Clintwood Manor, Inc. v. Adams

Court of Appeals of the State of New York
Mar 5, 1969
24 N.Y.2d 759 (N.Y. 1969)

Summary

holding that plaintiffs, who sought to operate a gasoline station on their property, are entitled to a declaration that a restrictive covenant, limiting the use of premises to only residential purposes, was extinguished, because the surrounding neighborhood had been developed commercially since the covenant was created

Summary of this case from Mastrobattista v. Borges

Opinion

Argued February 17, 1969

Decided March 5, 1969

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES B. BRASSER, J.

James M. White, Mitchell T. Williams and David D. Wright for appellants.

Henry W. Williams, Jr., for respondents.


Order affirmed, without costs, on the opinion at the Appellate Division.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part; Judge KEATING.


Summaries of

Clintwood Manor, Inc. v. Adams

Court of Appeals of the State of New York
Mar 5, 1969
24 N.Y.2d 759 (N.Y. 1969)

holding that plaintiffs, who sought to operate a gasoline station on their property, are entitled to a declaration that a restrictive covenant, limiting the use of premises to only residential purposes, was extinguished, because the surrounding neighborhood had been developed commercially since the covenant was created

Summary of this case from Mastrobattista v. Borges
Case details for

Clintwood Manor, Inc. v. Adams

Case Details

Full title:CLINTWOOD MANOR, INC., et al., Respondents, v. JOSEPH T. ADAMS et al.…

Court:Court of Appeals of the State of New York

Date published: Mar 5, 1969

Citations

24 N.Y.2d 759 (N.Y. 1969)
299 N.Y.S.2d 853
247 N.E.2d 667

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