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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

[85 Mass. App. Ct. 451]
plaintiffs' motion for partial summary judgment, allowed the defendant's motion for summary...

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