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ORANGE UTIL v. PHILWOLD

70 A.D.2d 338 (1979)

Orange and Rockland Utilities, Inc., et al., Appellants, v. Philwold Estates, Inc., et al., Defendants, and Benjamin I. Wechsler, Respondent

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

November 1, 1979

Attorney(s) appearing for the Case

Lexow & Jenkins, P. C. (Alfred F. Froh of counsel), for appellants.

Oppenheim, Drew & Kane (Stephen L. Oppenheim of counsel), for respondent.

MAHONEY, P. J., SWEENEY, KANE and MAIN, JJ., concur.

GREENBLOTT, J.

This is an action in which plaintiffs request a declaration that a clause restricting the use of certain realty expired upon the death of the grantor. In the alternative, plaintiffs seek to extinguish the restriction pursuant to section 1951 of the Real Property Actions and Proceedings Law.

In 1923, William A. Bradford owned in fee a tract of realty in Sullivan County through which the...

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