EAGLE ENTERS. v. GROSS


39 N.Y.2d 505 (1976)

Eagle Enterprises, Inc., Appellant, v. Bob Gross, Respondent.

Court of Appeals of the State of New York.

Decided May 11, 1976.


Attorney(s) appearing for the Case

Albert Mishkin for appellant.

Bernard Meyerson and Harry Boyarsky for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.


GABRIELLI, J.

In 1951, Orchard Hill Realties, Inc., a subdivider and developer, conveyed certain property in the subdivision of Orchard Hill in Orange County to William and Pauline Baum. The deed to the Baums contained the following provision:

"The party of the first part shall supply to the party of the second part, seasonably, from May 1st to October 1st, of each year, water for domestic use only,...

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