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ROXRUN ESTATES v. ROXBURY RUN

136 A.D.2d 162 (1988)

Roxrun Estates, Inc., et al., Respondents-Appellants, v. Roxbury Run Village Association, Inc., Appellant-Respondent, et al., Defendants. (Action No. 1.) Rr Village Association, Inc., Respondent, v. Roxrun Estates, Inc., Appellant. (Action No. 2.)

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

March 31, 1988

Attorney(s) appearing for the Case

Frank Taddeo (Patrick J. Rohan of counsel), for Roxrun Estates, Inc., appellant.

Mark Lewis Brecker for LGP Gem, Ltd., appellant.

Herbert Jordan and Randlett Walster for RR Village Association, Inc., respondent.

MAHONEY, P. J., KANE, LEVINE and MERCURE, JJ., concur.

WEISS, J.

Roxbury Run Corporation (hereinafter Roxbury Run), a New York corporation with its principal place of business in Delaware County, filed an offering statement with the State Department of Law in August 1972 for a proposed 500-unit townhouse development on a 200-acre parcel in that county. A "Declaration of Covenants, Conditions and Restrictions" (hereinafter the Declaration) defining the rights and...

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