TOWN OF EASTCHESTER v. KOCH


203 Misc. 328 (1952)

Town of Eastchester, Plaintiff, v. Jerome A. Koch, Defendant.

Supreme Court, Special Term, Westchester County.

December 1, 1952.


Attorney(s) appearing for the Case

Raphael J. Macaro for plaintiff.

Walter W. Weiss for defendant.


DOSCHER, J.

The Town of Eastchester brings this action for a judgment declaring its rights to create a public parking place on certain property heretofore acquired by it. The property in question is burdened by a restrictive covenant against the operation of a business. The creation and operation of such parking place is opposed by an abutting owner, the defendant herein, who is one of the beneficiaries of the...

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