Appellate Division of the Supreme Court of the State of New York February 1, 1971 (City of Yonkers v. August Hall Enterprises, Inc.)

*612Munder, Acting P. J., Shapiro, Christ and Benjamin, JJ., concur; Martuscello, J., dissents and votes to reverse the order and judgment and (1) to grant summary judgment to plaintiff that the covenants are effective and bar issuance of the permit and (2) to deny defendant’s motion, with the following memorandum: I find that the declaration of restrictions and restrictive covenants was intended