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STAUSS v. PARK

46 Misc.2d 64 (1965)

Karl R. Stauss et al., Plaintiffs, v. Robert E. Park et al., Defendants.

Supreme Court, Trial and Special Term, Monroe County.

February 24, 1965

Attorney(s) appearing for the Case

Antell, Potter & Harris (Angelo T. Calleri of counsel), for plaintiffs. Neil F. Bubel for defendants.

G. ROBERT WITMER, J.

This is an action to enjoin the defendants from maintaining a certain "fence" on their property. The parties hereto are neighbors, residing in Jackson Heights Subdivision in the Town of Penfield, Monroe County, each couple having acquired their respective lot from the original subdivider. The subdivision consists of 49 lots. The first 2 lots sold, to wit, lot 5 sold September 24, 1958, and...

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