542 Holding Corp. v. Prince Fashions, Inc.

*415The co-op demonstrated its entitlement to a preliminary injunction to preserve the property pending disposition of the ejectment action (see Olympic Tower Condominium v Cocoziello, 306 AD2d 159 [2003]). Contrary to Prince’s contention, there was ample evidence that it was using the unventilated basement space for spray-painting furniture, that fumes therefrom permeated the building, causing discomfort to the residents, and that the use of the basement for that purpose was not permitted under the building’s certificate of occupancy. There was also evidence that the use of spray-painting…