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TURNER, JR. v. CAESAR

291 A.D.2d 650 (2002)

737 N.Y.S.2d 426

JOHN B. TURNER, JR., Appellant, et al., Plaintiff, v. DOUGLAS R. CAESAR, Respondent.

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

Decided February 14, 2002.

Rose, J.

Plaintiff John B. Turner, Jr. and defendant derive title to their real properties on Chenango Lake from a common grantor, Norwich Water Works, as the result of a 1923 deed containing these restrictive covenants: "The premises and rights herein described are granted and conveyed upon the condition and agreement that the premises are to be used and occupied by the party of the second part, his heirs and assigns,...

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