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BLAIR v. LADUE

14 A.D.2d 373 (1961)

M. Stella Blair et al., Respondents, v. William L. Ladue, Appellant

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

November 16, 1961.

Attorney(s) appearing for the Case

Charles B. Honikel for appellant.

Jerry, Lewis & Harvey (Norman L. Harvey of counsel), for respondents.

COON, J. P., GIBSON, HERLIHY and TAYLOR, JJ., concur.

REYNOLDS, J.

Respondents and appellant are owners of property in what is known as the "Ollivetti Addition" in the City of Plattsburgh. In 1934 the then owners entered into an agreement that all lots sold should contain the following restrictions:

"1. No building (including porches and piazzas) shall be erected on any of the premises above described within thirty-five (35') feet of the nearest line of the street on which such premises face.

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