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CLINTWOOD MANOR v. ADAMS

29 A.D.2d 278 (1968)

Clintwood Manor, Inc., et al., Appellants, v. Joseph T. Adams et al., Respondents

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

February 22, 1968.

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Dale & Linowitz (Henry W. Williams, Jr., of counsel), for appellants.

Robinson, Williams, Brown, Robinson & Angeloff (Mitchell T. Williams of counsel), for respondents.

BASTOW, J. P., GOLDMAN, DEL VECCHIO, MARSH and HENRY, JJ., concur.

Per Curiam.

Plaintiffs appeal from a dismissal of their complaint in an action brought under section 1951 of the Real Property Actions and Proceedings Law (formerly Real Property Law, § 346) to extinguish restrictions on the use of real property owned by plaintiffs and described as Lot RB on a resubdivision of Highland Grove subdivision. These restrictions were imposed by a conveyance in 1914 and limited the premises "for the usual and ordinary purposes...

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