Knower v. Atkins

The judgment for plaintiff was proper. In a well-considered opinion the trial court set forth findings of fact all of which were fully warranted by the evidence. *360Plaintiff has a mere right to occupy and to use office space in conjunction with like occupancy and use by defendant. This right is an incorporeal one which might not be enforced by means of an ejectment action. The only remedy is in equity. (Brooks v. Wheeler, 243 N. Y. 28, 31.) The gravaman of plaintiff’s action as reflected in his pleadings and in his testimony was to restrain defendant from committing and continuing to commit…