SINGLE v. WHITMORE, JR.


282 A.D. 915 (1953)

Herman J. Single, Respondent, v. Edward S. Whitmore, Jr., Appellant

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

October 28, 1953.


Judgment affirmed, with costs.

All concur, except VAUGHAN and PIPER, JJ., who dissent and vote for reversal and for dismissal of the complaint in the following memorandum:

The release in question was drawn by plaintiff's attorney and executed by plaintiff. The release after reciting the agreement on February 18, 1950, which is the instrument containing the setback restrictions, then provided: "And whereas said parties now desire to release each other from...

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