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FORO v. DOETSCH

39 A.D.2d 150 (1972)

Louis Foro et al., Respondents, v. Herbert Doetsch, Jr., et al., Appellants

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

May 25, 1972.

Attorney(s) appearing for the Case

Robert J. Nolan for appellants.

Miller & Mannix, P. C. (John C. Lemery of counsel), for respondents.

HERLIHY, P. J., STALEY, JR., COOKE and REYNOLDS, JJ., concur in Per Curiam opinion; GREENBLOTT, J., concurs in a separate opinion in which HERLIHY, P. J., STALEY, JR., COOKE and REYNOLDS, JJ., concur.

Per Curiam.

This is an appeal from a judgment of the Supreme Court, entered April 27, 1971 in Saratoga County, which imposed restrictions on appellants' land.

The action was commenced on April 8, 1969. The plaintiffs seek to impose the same restrictive covenants contained in their deeds from Herbert Doetsch, Sr. upon the premises now owned by Herbert Doetsch, Jr. and his wife. The plaintiffs' deeds contained...

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