Hock v. 250 Northern Ave. Corp.

SWAN, Circuit Judge.

This is an action for a declaratory judgment, with a prayer for an injunction pendente lite and a permanent injunction after trial. The complaint sets forth the following facts: The appellee, a New York corporation, 'owns a building in New York City in which the appellant leased an, apartment for himself and his family at a stipulated monthly rental for a term that expired September 30, 1943. At. the expiration of the lease th.e tenant refused to give up possession of the apartment. He is still occupying the premises and is ready and willing to pay the monthly rental, but…