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NATURE CONSERVANCY v. CONGEL

253 A.D.2d 248 (1999)

689 N.Y.S.2d 317

Nature Conservancy et al., Plaintiffs, and Madalyn Eisenberg et al., Appellants, v. Scott Congel et al., Respondents, et al., Defendant

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

March 19, 1999

Attorney(s) appearing for the Case

Cote & Limpert, Syracuse (Samuel M. Fetters of counsel), for appellants.

Costello, Cooney & Fearon, L. L. P., Syracuse (Robert Smith of counsel), for Scott Congel, respondent.

Baer Marks & Upham, L. L. P., New York City (Donald Swider of counsel), and Dadd & Nelson, P. C., Attica, for Milestone Materials, respondent.

DENMAN, P. J., GREEN and PINE, JJ., concur.

CALLAHAN, J.

Madalyn Eisenberg, Henry Eisenberg, M.D., Carol Dana and Sidney T. Dana, M.D. (plaintiffs) are the owners of real property for whose benefit a restrictive covenant was imposed in a deed from the predecessor in title of Scott Congel and Milestone Materials (Milestone) (collectively defendants). At issue on this appeal is whether plaintiffs may enforce the covenant as third-party beneficiaries despite...

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