WEINSTEIN v. HUNTER


276 A.D. 471 (1950)

Aaron Weinstein, Plaintiff, v. Clifford H. Hunter, Defendant

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

March 8, 1950.


Attorney(s) appearing for the Case

Matthew S. Ogonowski for plaintiff.

Kenneth W. Fuller for defendant.

All concur. Present — TAYLOR, P. J., LOVE, VAUGHAN, KIMBALL and PIPER, JJ.


VAUGHAN, J.

This controversy comes before us upon an agreed statement of facts submitted pursuant to sections 546-548 of the Civil Practice Act. The controversy submitted involves (1) the marketability of the title of land contracted to be sold by plaintiff to defendant, and (2) the interpretation of a restrictive covenant contained in the deeds to plaintiff and his predecessors in title. The stipulated facts...

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