WOODMERE PARK ASS'N, INC. v. CEDARPOINT REALTY CO., INC.


279 A.D. 672 (1951)

Woodmere Park Association, Inc., et al., Suing on Behalf of Themselves and on Behalf of All Other Resident Property Owners of Woodmere Park, Woodmere, New York, Similarly Situated, Appellants, v. Cedarpoint Realty Co., Inc., et al., Respondents

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

November 19, 1951.


We interpret the declaration as not imposing a restriction in use of the three-acre parcel in suit; and hold that testimony, as to oral representations and reliance thereon, is incompetent under the provisions in the written contracts, even assuming that the witnesses were not incompetent to testify under section 347 of the Civil...

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