People ex rel. McGoldrick v. Regency Park, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—■ Action to enjoin a landlord from removing a television antenna erected and maintained by a tenant on the roof of an apartment building. Order denying plaintiff’s motion for a temporary injunction and granting defendant’s motion to dismiss complaint for insufficiency, and judgment accordingly entered, affirmed, with $10 costs and disbursements. The complaint is insufficient. There is failure to allege therein that the tenant was entitled as of March 1, 1950, to be in possession of the space used for the antenna. The claimed oral consent of the landlord which allegedly served to induce the…
2Cases cited4 opinions
- Fogelson v. Rackfay Construction Co.New York Court of Appeals · 1950
- Mitchill v. LathNew York Court of Appeals · 1928
- Ball v. GradyNew York Court of Appeals · 1935
- 660 Locust Street Corp. v. MacPhersonAppellate Division of the Supreme Court of the State of New York · 1952
3Cited by14 opinions
- Russell v. BooksNew York Supreme Court · 1959
- Everly v. WeaverNew York Supreme Court · 1957
- 520 East 81st Street Associates v. Lenox Hil HospitallAppellate Division of the Supreme Court of the State of New York · 1990
- Abrams v. S. A. Schwartz Co.New York Supreme Court · 1957
- Len's Amoco, Inc. v. Town of GatesNew York Supreme Court · 1979
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