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GRANT v. KOENIG

67 Misc.2d 1028 (1971)

Peter W. Grant et al., Plaintiffs, v. Francis R. Koenig, as Mayor of the City of Kingston, et al., Defendants.

Supreme Court, Special Term, Ulster County.

September 29, 1971

Attorney(s) appearing for the Case

Wapner, Koplovitz & Fabricant for plaintiffs. Aaron E. Klein, Corporation Counsel, for City of Kingston and others, defendants. Richter & Werbalowsky for Joyce Schirick Post No. 1386 VFW, defendant.

A. FRANKLIN MAHONEY, J.

In 1946 four members of a Kingston family deeded to the city a certain parcel of land on the "express condition that all of the lands hereby conveyed shall be used by the City of Kingston and its successors in perpetuity for public park purposes and shall at all times be identified as `Rice Park' * * * and that in the event of the discontinuance at any time hereafter of the use of such...

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