
    Rochester Yacht Club Company, Appellant, v. Rochester Boat Works, Inc., et al., Respondents.
    
      Real property ■— covenants — action to restrain erection of boat works in alleged violation of restrictive covenants.
    
    
      Rochester Yacht Club Co. v. Rochester Boat Works, Inc., 219 App. Div. 761, affirmed.
    (Argued October 25, 1927;
    decided November 22, 1927.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 13, 1927, unanimously affirming a judgment in favor of defendants Rochester Boat Works, Inc., and William J. Gucker, entered upon a dismissal of the complaint as to them by the court at an Equity Term, which court also granted a permanent injunction restraining the defendant Summerville Terraces, Inc., from conveying lots in its tract, that do not contain restrictions. The action was to restrain the erection or maintenance of a boat works or other structure to be used for commercial purposes upon premises contracted to be sold by defendant Summerville Terraces, Inc., to defendant Gucker.
    
      Eugene Van Voorhis and George V. Fleckenstein for appellant.
    
      George J. Skivington for Rochester Boat Works, Inc., respondent.
    
      John W. Remington for Summerville Terraces, Inc., respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman and O’Brien, JJ. Dissenting: Pound and Kellogg, JJ.  