SILVERMAN v. OBERMAN


5 A.D.2d 927 (1958)

Bella Silverman, Appellant, et al., Plaintiff, v. Morris Oberman et al., Respondents, et al., Defendant

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

March 27, 1958


Plaintiff and defendants are owners of adjacent parcels of real estate located in the hamlet of Old Falls, town of Fallsburgh, Sullivan County, New York. There are retail stores on both parcels. The deed to defendants contains a restrictive covenant to this effect: "The parties of the second part shall not use or occupy the above described premises * * * for the sale of fruit, vegetables and produce at wholesale or retail, delicatessen, grocery, dairy or appetizing store...

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