POUGHKEEPSIE JEHOVAH'S WITNESSES v. BOOTH


67 Misc.2d 53 (1971)

Poughkeepsie New York Congregation of Jehovah's Witnesses, North Unit, Plaintiff, v. Willietta Booth et al., Defendants.

Supreme Court, Dutchess County.

June 29, 1971


Attorney(s) appearing for the Case

Van DeWater & Van DeWater (William C. Baron of counsel), for plaintiff. Kuntz & Donoghue for defendants.


JOSEPH F. HAWKINS, J.

The plaintiff, a religious body, seeks a judgment declaring a restrictive covenant "null and void." On January 24, 1969, plaintiff acquired title to the property in issue, which is subject to restrictive covenants. The restrictive covenants are recited in the deed and the one at issue provides: "The premises shall be used for residential and farm purposes only."

On May 1, 1969, a...

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