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HUGGINS v. CASTLE ESTATES

44 A.D.2d 25 (1974)

Eric H. Huggins et al., Appellants, v. Castle Estates, Inc., Respondent

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

March 4, 1974.

Attorney(s) appearing for the Case

Kernan & Kernan (Earle C. Bastow and John E. Hunt of counsel), for appellants.

Durr & Keinz (Donald F. Keinz of counsel), for respondent.

WITMER and GOLDMAN, JJ., concur with SIMONS, J.; MARSH, P. J., and MOULE, J. dissent and vote to affirm the judgment in an opinion by MOULE, J.

SIMONS, J.

Appellants are the owners of residential property in a subdivision owned and developed by respondent. Respondent sold a house and lot on Imperial Drive to Mr. and Mrs. Huggins for $27,000 in November, 1968 and sold Mr. Lawrence a lot two doors north on Imperial Drive in August, 1968 for $5,000. Their deeds restrict the property to residential use. Mr. Lawrence constructed a house on his lot and transferred...

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