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LINCOLNSHIRE CIVIC ASSN. v. BEACH

46 A.D.2d 596 (1975)

Lincolnshire Civic Association, Inc., Respondent, v. Paul A. Beach, Jr., et al., Appellants

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

February 27, 1975.

Attorney(s) appearing for the Case

Collison & Place (Richard F. Place of counsel), for appellants.

Turk, Truman, Bishop & Simpson (Robert J. Simpson of counsel), for respondent.

HERLIHY, P. J., KANE, MAIN and LARKIN, JJ., concur.

SWEENEY, J.

Lincolnshire Development is a residential subdivision in the Town of Owego, developed and subdivided by Scholz Homes, Inc., pursuant to subdivision maps filed in the Tioga County Clerk's office in 1958 and 1961. Declarations of restrictions relating to the subdivisions were thereafter recorded in said clerk's office imposing certain restrictions as to the use and occupancy of lands in said development. The declarations provide that they be...

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