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WATERS OF WHITE LAKE v. FRICKE

282 A.D. 333 (1953)

Waters of White Lake, Inc., Respondent, v. Charles B. Fricke et al., Appellants

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

July 2, 1953.

Attorney(s) appearing for the Case

Lazarus I. Levine for appellants.

F. Walter Bliss for respondent.

IMRIE, J., concurs with BERGAN, J.; FOSTER, P. J., concurs with BERGAN, J., in part in memorandum; COON, J., concurs with BERGAN, J., and FOSTER, P. J.; HALPERN, J., dissents in opinion.

BERGAN, J.

Plaintiff has obtained a final judgment of injunction restraining defendants from the use of White Lake, which is described in one of the briefs before us as "the largest lake in Sullivan County". The lake is in a summer resort area and its shores are extensively developed for this purpose. Defendants, except one, own parcels of land having lake frontage. The corporate defendant owns such a parcel and...

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