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APFEL v. MILLER

No. 13-P-1508.

85 Mass. App. Ct. 450 (2014)

DANIEL J. APFEL & another, trustees, v. WAYNE A. MILLER.

Appeals Court of Massachusetts, Suffolk.

June 13, 2014.

Attorney(s) appearing for the Case

David J. Apfel ( Maren Klawiter with him) for the plaintiffs.

Joel Z. Eigerman for the defendant.

Present: GRAINGER, RUBIN, & HANLON, JJ.

GRAINGER, J.

The plaintiffs, trustees of the Penny Apfel-Rechtschaffen Nominee Trust (trust), brought a declaratory judgment action in the Land Court seeking the application of certain restrictive covenants to a parcel of registered land owned by the defendant Wayne A. Miller.3 The judge denied the plaintiffs' motion for partial summary judgment, allowed the defendant's motion for summary...

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