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MOHAWK CONTAINERS v. HANCOCK

43 Misc.2d 716 (1964)

Mohawk Containers Inc., Plaintiff, v. Gilbert F. Hancock et al., Defendants.

Supreme Court, Oneida County.

June 26, 1964

Attorney(s) appearing for the Case

Frederick G. Turner (Robert E. Morris of counsel), for plaintiff. Lawrence J. Goldbas for John D. Haitz and another, defendants.

RICHARD J. CARDAMONE, J.

The plaintiff, Mohawk Containers, Inc., has previously instituted an action for a declaratory judgment against the defendants to extinguish certain restrictions on the use of their land, pursuant to the provisions of section 1951 of the Real Property Actions and Proceedings Law.

The plaintiff now moves for an order determining that the restrictions are of no actual and substantial...

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