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KOWALSKY v. FAMILIA

71 Misc.2d 287 (1972)

Cynthia C. Kowalsky, Also Known as Cynthia Crocitto, Plaintiff, v. Margaret J. Familia, Also Known as Margaret Jahr, et al., Defendants.

Supreme Court, Orange County.

September 22, 1972

Attorney(s) appearing for the Case

James H. Saunders for defendants. Samuel R. Rakosi for plaintiff.

JOHN C. MARBACH, J.

This is an application by defendants for an order, pursuant to CPLR 3211 (subd. [a]), dismissing the cause of action for specific performance for failure to state a cause of action, and for declaratory relief that a clause in the deed relied upon by plaintiff is void as an illegal restraint upon alienation. Plaintiff has cross-moved for an order pursuant to CPLR 3211 (subd. [b]) to dismiss the defenses asserted and for summary judgment...

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