Tozzi v. Tkachenko

Motions Nos. 31 and 37 are considered together. In Motion No. 31 plaintiff seeks an injunction, and in Motion No. 39, defendants seek the dismissal of the complaint.

This is an action by the plaintiff, a former tenant of the defendant Tkachenko, to restrain said defendant as owner and landlord, and the defendant Novick, as city marshal, from evicting plaintiff from a three-room apartment now occupied by him and his family, in the building in concern.

Plaintiff obtained, ex parte, a temporary injunction, contained in an order to show cause, restraining defendants from evicting him pending the-…