City of Yonkers v. August Hall Enterprises, Inc.

Defendant moves for summary judgment on its counterclaim in an action for a declaratory judgment.

The Building Department of the City of Yonkers had issued a building permit for an apartment complex on premises owned by the'defendant in the City of Yonkers. However, a resolution *123was adopted by the Common Council of the City of Yonkers directing that the building permit be withdrawn and that action be commenced to test the validity of a certain restrictive covenant described in a declaration of restrictions and restrictive covenants affecting the premises in question which is filed in the…