WHITE v. LA DUE & FITCH, INC.


277 A.D. 1092 (1950)

Henry C. White, Individually and as President of Orchard Park Association, et al., Respondents-Appellants, v. La Due & Fitch, Inc., et al., Appellants-Respondents, et al., Defendants

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

November 15, 1950.


Judgment reversed on the law and facts, with costs to appellants-respondents, La Due & Fitch, Inc., and Orchard Park Building Co., and complaint dismissed, with costs. Certain findings of fact disapproved and reversed and new findings made.

Memorandum:

We think the plaintiffs not only failed to produce sufficient evidence to establish any general or uniform plan of restrictions which were binding on defendants-appellants, but also that upon all the evidence...

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