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FLORADAN HOME OWNERS ASS'N, INC. v. FLORADAN LODGE COUNTRY CLUB, INC.

40 A.D.2d 515 (1972)

Floradan Home Owners Association, Inc., et al., Appellants, v. Floradan Lodge Country Club, Inc., Defendant and Third-Party Plaintiff-Respondent. Arthur Berlinger et al., Third-Party Defendants-Appellants

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

July 5, 1972

Order and judgment reversed insofar as appealed from, on the law and the facts, and new trial granted, with costs to appellants.

Over a number of years up to and into 1962, 44 individuals (appellants are 43 of them and the estate of one of them) purchased cottages in a summer colony. In 1965 the respondent purchased the unsold portion of the colony and subsequently sold 32 additional cottages to new owners. The deeds for...

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