Jemrock Realty Co. v. 210 West 101st Street Tenants Ass'n

Appellate Division of the Supreme Court of New York

Jemrock Realty Co. v. 210 West 101st Street Tenants Ass'n

257 A.D.2d 477, 684 N.Y.S.2d 202, 1999 N.Y. App. Div. LEXIS 458

Appellate Division of the Supreme Court of the State of New York·Decided January 19, 1999·Published·Cited by 1 cases

Opinion

—Order, Supreme Court, New York County (Edward Lehner, J.), entered August 13, 1997, which, insofar as appealed from, denied plaintiff landlord’s motion for a preliminary injunction enjoining defendant tenant association from holding meetings in the lobby of the parties’ building, unanimously affirmed, without costs.

[478] The preliminary injunction was properly denied in view of defendant’s “right to meet * * * in any location on the premises * * * which is devoted to the common use of all tenants”, and in the absence of any evidence that defendant’s meetings in the lobby have been or are likely to be unpeaceful, obstructive of access to the building or its facilities, or otherwise unsafe (Real Property Law § 230 [2]). Concur—Williams, J. P., Wallach, Andrias and Saxe, JJ.

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—Order, Supreme Court, New York County (Edward Lehner, J.), entered August 13, 1997, which, insofar as appealed from, denied plaintiff landlord’s motion for a preliminary injunction enjoining defendant tenant association from holding meetings in the lobby of the parties’ building, unanimously affirmed, without costs.

[478] The preliminary injunction was properly denied in view of defendant’s “right to meet * * * in any location on the premises * * * which is devoted to the common use of all tenants”, and in the absence of any evidence that defendant’s meetings in the lobby have been or are likely to be unpeaceful, obstructive of access to the building or its facilities, or otherwise unsafe (Real Property Law § 230 [2]). Concur—Williams, J. P., Wallach, Andrias and Saxe, JJ.

Jemrock Realty Co. v. 210 West 101st Street Tenants Ass'n, 257 A.D.2d 477, 684 N.Y.S.2d 202, 1999 N.Y. App. Div. LEXIS 458 (N.Y. Ct. App. 1999).

Pincite

257 A.D.2d 477 (Jemrock Realty Co. v. 210 West 101st Street Tenants Ass'n) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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