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SMITH v. SHEPPARD

301 A.D.2d 913 (2003)

754 N.Y.S.2d 122

JUDITH A. SMITH et al., Respondents, v. RAYMON W. SHEPPARD et al., Appellants.

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

Decided January 23, 2003.

Spain, J.

In September 1988, the limited partnership of Hiland Park, through a general partner, recorded in the Warren County Clerk's office a document entitled "Hiland Park—Declaration of Covenants, Easements, Restrictions and Conditions" (hereinafter the restrictions) applicable to the subdivision of "Masters Common North" in the Town of Queensbury, Warren County. The restrictions expressly state, in part, that (1) swimming pools are prohibited on certain...

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