Kew Forest Neighborhood Ass'n v. M & K Management, LLC

In an action, inter alia, for a judgment declaring that the subject medical practice violated a restrictive covenant, the plaintiffs appeal from an order of the Supreme Court, Queens County (Price, J.), dated May 6, 2003, which, upon renewal, granted the defendants’ motion for summary judgment and denied their cross motion for summary judgment.

Ordered that the order is affirmed, with one bill of costs, and the matter is remitted to the Supreme Court, Queens County, for the entry of a judgment declaring that the operation of the subject medical practice does not violate the restrictive…