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CODY v. ANTHONY FABIANO & SONS, INC.

246 A.D.2d 726 (1998)

667 N.Y.S.2d 446

George J. Cody et al., Respondents, v. Anthony Fabiano and Sons, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 8, 1998

Carpinello, J.

Plaintiffs are the owners of seven lots in College Crest Estates, a residential development on approximately 33 acres in Columbia County. This subdivision, created in 1974, contains 41 lots, each of which is subject to a "DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS". This document expressly provides that any sale or conveyance of a lot within College Crest "shall be subject to certain covenants, conditions and restrictions...

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