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Mary J. Calleran v. Catherine Gallen and Others, and Benjamin Traktman
Order reversed upon the law, with ten dollars costs and disbursements, and motion to compel appellant to complete his purchase denied, with ten dollars costs. We think the restriction in question constituted an incumbrance upon the property and rendered the title unmarketable. (Bull v. Burton, 227 N. Y. 101; Kimball Co. v. Fox, 120 Misc. 701; affd., 209 App. Div. 812; affd., 239 N. Y. 554.) Kelly, P. J., Manning, Young, Lazansky and Hagarty, JJ., concur.