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BROWN v. WILLIAMS

3 A.D.2d 939 (1957)

A. George Brown et al., Appellants, v. Gene Williams, Respondent

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

May 27, 1957

Judgment unanimously affirmed, with costs.

In our opinion, the court was not precluded from enforcing the alleged restrictive covenants by the proof as to laches (Todd v. North Ave. Holding Corp., 121 Misc. 301, 307, affd. 208 App. Div. 854; Weiss v. Mayflower Doughnut Corp., 1 N.Y.2d 310, 318, 320-321). The appellants were not seeking to enforce a barren right (cf. Forstmann...

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