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GRAHAM v. BEERMUNDER

93 A.D.2d 254 (1983)

Michael H. Graham et al., Respondents, v. Carl Beermunder et al., Appellants, et al., Defendants

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

April 25, 1983

Attorney(s) appearing for the Case

Arthur J. Reuter for appellants.

Quartararo & Quartararo (Anthony M. Quartararo and Tracy E. Hoff of counsel), for respondents.

WEINSTEIN, THOMPSON and RUBIN, JJ., concur.

GIBBONS, J. P.

The issue on these appeals is whether the plaintiffs, who own land near that of defendants Beermunder, may enforce a covenant contained in the Beermunders' deed. Plaintiffs maintain that they have an equitable right of enforcement, based on the existence of a common plan or scheme of development of which their properties and that of the Beermunders are a part. We find that the record proves the...

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