Fogelson v. Rackfay Construction Co.

These three actions, tried together, are brought on behalf of themselves and others by tenants of the apartment buildings at 1535,1571, and 1630 Undercliff Avenue, The Bronx, for mandatory injunctions against the landlords of the buildings to furnish bus service.

It is clear from the evidence that the site of the three buildings is some distance from shopping centers, subways, and schools.

To alleviate the resulting inconvenience, the landlords have since 1932 or 1933 supplied jointly a free bus service to tenants. On April 30,1949, this service was discontinued, and the actions have been…