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BD OF EDUC v. DOE

88 A.D.2d 108 (1982)

Board of Education, East Irondequoit Central School District, et al., Appellants, v. John Doe et al., as Owners of Real Property in the Ridgewood Subdivision, Town of Irondequoit, Respondents

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

July 9, 1982

Attorney(s) appearing for the Case

Barrett, Maier and Barrett, P. C. (Dennis T. Barrett of counsel), for Board of Education, appellant.

Joseph Kaufman (Mayberry, Kurlander, Burgess, Lich & Lunn of counsel), for Elmore J. Meitzler, appellant.

Merkel & Mittleman (Jeanne Colombo of counsel), for Thomas L. Jones and another, respondents.

J. Webb L. Sheehy for Reginald J. Page and others, respondents.

SIMONS, J. P., CALLAHAN and DOERR, JJ., concur.

MOULE, J.

Plaintiffs appeal from a dismissal of their complaint in an action brought under RPAPL 1951 to extinguish restrictions on the use of real property owned by them which they have contracted to sell to Wegman's Enterprises, Inc. (Wegman). Plaintiffs' property consists of 20 lots and a small portion of two others in the 160-lot Ridgewood subdivision in the Town of Irondequoit.

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