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BIRD v. SALT HILL CORP.

282 A.D. 1047 (1953)

Edith W. Bird et al., Respondents, v. Salt Hill Corporation et al., Appellants, et al., Defendants

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

December 7, 1953.

Judgment affirmed, with costs.

We are of opinion that the trial court correctly found that appellants, prior to and at the time of the taking of title to said premises, had notice of the restrictive covenant in question. The abstract of title which they employed in connection with the taking of title indicated the presence of restrictive covenants. That should have suggested an inquiry which, if diligently prosecuted, would have disclosed the covenant (see Williamson...

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