WHITE v. LA DUE & FITCH, INC.


303 N.Y. 122 (1951)

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

Court of Appeals of the State of New York.

Decided July 11, 1951


Attorney(s) appearing for the Case

Jacob Gitelman for appellants.

Theron Robinson and Mitchell T. Williams for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.


FROESSEL, J.

Plaintiffs, on behalf of themselves and others similarly situated, seek (1) to enjoin defendants-respondents from completing a one-story ranch house on a certain lot in a tract of land known as Orchard Park, located in the town of Irondequoit, Monroe County, and to compel the removal of said house; (2) a determination that certain covenants and restrictions, particularly as to building height, are...

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