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GREEK PEAK, INC. v. GRODNER

155 A.D.2d 827 (1989)

Greek Peak, Inc., et al., Respondents, v. Bruce M. Grodner et al., Appellants, et al., Defendants

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

November 22, 1989

Mahoney, P. J.

Defendants Bruce M. Grodner and Joann C. Grodner1 own a house and property in the Arcadia Subdivision, section IV, in the Town of Virgil, Cortland County. This subdivision was developed by plaintiff Greek Peak, Inc. (hereinafter plaintiff) and is subject to the following recorded tract restriction: "No above ground swimming pools, outside laundry, dirt driveways or free standing TV, FM, ham radio or aerial towers...

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