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LEWIS v. SPIES

43 A.D.2d 714 (1973)

Thomas A. Lewis, Jr., et al., Respondents, v. Barrie C. Spies, Appellant

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

December 10, 1973

Judgment reversed, on the law and the facts, with costs, and it is adjudged that the covenant contained in the 1904 deed from the Garden City Company to Chase Mellen does not prohibit defendant from erecting a private dwelling house on the subject portion of the property conveyed by said deed.

This litigation involves the right of defendant to construct a private home on a portion of property owned by him. That portion is...

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