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SCHWARTZ v. STATE OF N.Y.

72 A.D.2d 490 (1980)

Elaine Schwartz et al., Respondents-Appellants, v. State of New York, Appellant-Respondent (Claim No. 59644.)

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

February 28, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Vernon Stuart, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for appellant-respondent.

Farrell, Fritz & Cleary (John M. Armentano and Samuel S. Tripp of counsel), for respondents-appellants.

MAHONEY, P. J., MAIN, CASEY and HERLIHY, JJ., concur.

SWEENEY, J.

The property in question consists of approximately nine acres of land zoned for a variety of commercial uses and located on the south side of New York State Route 25 near a major regional shopping center. The deed conveying the subject property, together with some additional 71 acres, contained a restrictive covenant limiting the use of the property to residential purposes except for the first 150...

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