LONGDOWD CORP. v. STRAIGHT IMPROVE.


39 Misc.2d 1005 (1963)

Longdowd Corporation (Now Known as Dowd Shipping, Inc.), Plaintiff, v. Straight Improvement Company, Inc., et al., Defendants.

Supreme Court, Special Term, Suffolk County.

July 29, 1963


Attorney(s) appearing for the Case

Robert H. Haggerty and Benjamin Machinist for plaintiff. Melvyn Tanenbaum and Martin Mellstrom for Richard K. Miller and others, defendants.


JOHN P. COHALAN, JR., J.

This action was instituted pursuant to section 500 et seq. of article 15 of the Real Property Law. The third amended complaint (hereafter called complaint) seeks to remove an alleged cloud on plaintiff's title which consists of a recorded declaration executed by a predecessor in title, among the terms of which is a clause that no dwelling may be constructed on the subject premises on a plot of less than five acres.

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