BODWITCH v. ALLEN


91 A.D.2d 1177 (1983)

Michael E. Bodwitch, Respondent-Appellant, v. Alfred A. Allen et al., Appellants-Respondents

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

January 21, 1983


Order unanimously modified to grant defendants' cross motion for summary judgment dismissing complaint and, as modified, affirmed, without costs.

Memorandum:

Plaintiff Bodwitch, the mortgagee, commenced this action to recover the balance due on a 20-year bond and mortgage, alleging that defendant mortgagors breached a covenant which provided "[t]hat no building on the premises shall be removed or demolished without the consent of the mortgagee." Defendants...

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