Cappelli Armonk, LLC v. Village/Town of Mount Kisco

In an action pursuant to RPAPL article 15 to compel the de*478termination of claims to real property and for a judgment declaring that a certain restrictive covenant does not run with the land, the defendant appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Murphy, J.), entered April 7, 2003, as granted the motion of the plaintiff Cappelli Armonk, LLC, for summary judgment declaring that the subject restrictive covenant does not run with the land, and denied those branches of its cross motion which were for summary judgment declaring that the…