Semple v. Clark

This action is brought pursuant to article 15 of the Real Property Law to compel the determination of .a claim which the defendants make, or might make, that plaintiff’s property is subject to the obligations of a restrictive covenant *904prohibiting the erection thereon of anything but private dwelling houses of a specified character. Only one of the defendants has appeared and attempted to assert the binding force of the covenant. She will be referred to hereinafter as the defendant. The essential facts are not in dispute. In 1885 one Alfred Corning Clark owned several tracts of land in the…