LAUBER v. MARTIN


37 A.D.2d 754 (1971)

Horace D. Lauber et al., Respondents, v. John H. Martin, Jr., Appellant

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

July 1, 1971


Judgment unanimously reversed on the law and facts, without costs, and judgment entered in accordance with the following memorandum:

The judgment grants the relief sought by plaintiffs pursuant to section 1951 of the Real Property Actions and Proceedings Law, declaring that the restriction recited in the complaint is invalid and should be extinguished. In its memorandum decision the court found (1) that it would be inequitable to enforce the covenant by reason of...

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