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AXELROD v. BRANCHE

90 A.D.2d 862 (1982)

David Axelrod, as Commissioner of Health of The State of New York, Respondent, v. Harvey P. Branche et al., Appellants

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

November 4, 1982

As they conceded in their answer to the complaint herein, defendants Harvey P. Branche and Thelma R. Branche (hereinafter defendants) owned a tract of land in Jefferson County, and between 1970 and 1973 they subdivided the tract into 10 parcels which they subsequently sold. Seven of the parcels were encumbered by covenants restricting them to residential use and four had residences erected upon them by defendants when they were sold...

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