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AUERBACHER v. SMITH

22 N.J. Super. 568 (1952)

92 A.2d 492

EMILENE L. AUERBACHER, PLAINTIFF-APPELLANT, v. ALAN L. SMITH AND EMELIE B. SMITH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 1952.

Attorney(s) appearing for the Case

Mr. George H. Rosenstein argued the cause for appellant (Mr. Thomas A. O'Callaghan, on the brief).

Mr. Robert Carey, Jr., argued the cause for respondents (Messrs. Carey, Schenk & Jardine, attorneys).

Before Judges EASTWOOD, GOLDMANN and FRANCIS.

The opinion of the court was delivered by GOLDMANN, J.A.D.

Plaintiff brought an action in the Chancery Division seeking to restrain defendants from constructing any building on their premises designed for the practice of medicine, and from making any use of the premises for other than a one-family dwelling. The complaint alleged that the proposed construction and use would violate a restrictive covenant in defendants' chain of title. After a hearing the court entered...

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