LAKESHORE CLUB v. COUNTRY CLUB PROPS.


25 Misc.2d 803 (1960)

Lakeshore Club, Inc., Plaintiff, v. Country Club Properties, Inc., et al., Defendants.

Supreme Court, Special Term, Putnam County.

August 12, 1960.


Attorney(s) appearing for the Case

Howard A. Thomsen for plaintiff. James J. Leibman for Country Club Properties, Inc., and another, defendants. Ryder & Costello for Blanche Labowitz, defendant.


SAMUEL W. EAGER, J.

Plaintiff brings this action pursuant to article 15 of the Real Property Law, seeking an adjudication that certain real property which it owns is free and clear of the encumbrance of certain restrictive covenants; and on this motion, plaintiff seeks summary judgment pursuant to rule 113 of the Rules of Civil Practice. Inasmuch as the material facts clearly appear to be undisputed, the court may, upon the motion here, summarily direct...

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