Opinion
November 20, 1961
In an action under article 15 of the Real Property Law, for cancellation of certain restrictive covenants variously contained in certain agreements and in a certain written declaration, the plaintiff appeals: (1) from so much of an order of the Supreme Court, Suffolk County, dated March 23, 1961, as denied its motion, pursuant to rule 113 of the Rules of Civil Practice, for summary judgment against defendants-respondents (consisting of those defendants, other than Konowitz, who have interposed an answer) upon the second and third causes of action stated in the second amended complaint, and as granted summary judgment to said defendants-respondents dismissing said causes of action; and (2) from a judgment of said court, entered May 1, 1961, based on said order, dismissing said causes of action as to said defendants-respondents. Order, insofar as appealed from, and judgment entered thereon, affirmed, with $10 costs and disbursements. No opinion. Beldock, Acting P.J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.