Lakeshore Club, Inc. v. Country Club Properties, Inc.

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 judgment herein.

There were three adjacent parcels of real property in which the parties were or are interested. Prior to November, 1946 one of these parcels was…