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PARIS v. GRACE HARBOR ASS'N, INC.

11 N.Y.2d 925 (1962)

Ira Paris et al., Appellants, v. Grace Harbor Association, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided April 26, 1962.

Attorney(s) appearing for the Case

Orrin G. Judd, Edward A. Bernstein and Edward T. O'Dell for appellants.

Robert Morris and Mildred M. Morris for respondents.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents in the following opinion.

Judgment affirmed, without costs.

FROESSEL, J. (dissenting).

We are all agreed that neither the alleged violation of the restrictive covenants, nor the alleged abuse of corporate powers, warrants restraining the proposed construction, and I would concur for affirmance were it not for the presence of factual questions relating to the applicability of the village zoning ordinance, and which were not decided by the courts below.

The zoning...

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