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BROWN v. HOVEY, INC.

31 Misc.2d 274 (1953)

Caroline L. Brown et al., Plaintiffs, v. Fred J. Hovey, Inc., et al., Defendants.

Supreme Court, Trial Term, Warren County.

November 23, 1953

Attorney(s) appearing for the Case

Frederick J. Bascom for plaintiffs. Frank Hurley for Fred J. Hovey, Inc., defendant. Willard A. White for D. Frank Sullivan, defendant.

FELIX J. AULISI, J.

This is an action for declaratory judgment to determine that lots 2 and 3 in the Hovey Development owned by the defendant corporation are subject to a restriction against commercial use and that the lien of the mortgage on said lots held by the defendant, D. Frank Sullivan, is subject to said restriction.

On June 29, 1927 there was filed in the office of the Warren County Clerk a...

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