Wasus v. Young Sun Oh

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: The order of Special Term is overly broad in that the temporary injunction, in enjoining defendants from permitting the parking lot to be used between the hours of 10:00 p.m. and 7:00 a.m., is in derogation of the rights of leaseholders of the subject premises. Not having been made parties to the action, the franchise enjoyed by them by virtue of their tenancies may not be limited and the first and fourth decretal paragraphs of the order must be modified accordingly. In addition,…