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KLEIST v. STERN

466 CA 18-02191.

174 A.D.3d 1451 (2019)

106 N.Y.S.3d 480

2019 NY Slip Op 05888

Virginia F. Kleist, Appellant, v. Daniel Stern, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 31, 2019.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the amended complaint to the extent it alleges violations of paragraphs four and five of the covenants and restrictions, and as modified the order is affirmed without costs and a new trial is granted on those claims.

Memorandum: Plaintiff and defendant own lakefront properties within the...

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