TRYON v. SPIEGEL


8 A.D.2d 219 (1959)

Mabel F. Tryon, Appellant, v. Sophia F. Spiegel et al., Respondents, et al., Defendants

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

June 17, 1959.


Attorney(s) appearing for the Case

Teeter, Harpending, Fox & Swartwood (DeForest E. Fox of counsel), for appellant.

Denton, Winding & Moseson (Harry Moseson of counsel), for Sophia F. Spiegel, respondent.

McCabe & Cain for Nicholas T. Malone and others, respondents.

BERGAN, J. P., GIBSON, HERLIHY and REYNOLDS, JJ., concur.


COON, J.

Appellant brought this action under article 15 of the Real Property Law seeking an adjudication that certain real property which she owned was free and clear of the incumbrance of any restrictive covenants.

In 1928 appellant acquired a parcel of land by deed which contained building restrictions which, so far as pertinent here, read: "Subject to the conditions and restrictions and conditions to...

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