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BAXENDALE v. PROP. OWNERS ASS'N OF NORTH SHORE ACRES, INC.

285 A.D. 1148 (1955)

Francis W. Baxendale et al., Respondents, v. Property Owners Association of North Shore Acres, Inc., et al., Appellants, and Edwin J. Krizek, Respondent

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

May 2, 1955.

Judgment in favor of plaintiffs, entered upon a stipulation as to the facts, affirmed, with costs.

Plaintiffs have the right to use their property for any lawful purpose, and to decide for themselves how many persons shall be permitted to use it for such purpose, except insofar as the use of the property may be restricted by the covenants invoked. (Drabinsky v. Seagate Assn., 239 N.Y. 321.) We find nothing in the...

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