Twitty v. Chelton Estates, Ltd.

Pécora, J.

Plaintiffs move for a temporary injunction to restrain the defendant, as landlord, from taking any further steps to evict plaintiffs as tenants of certain premises, pending the determination of this action for a declaratory judgment. In the declaratory judgment action plaintiffs seek an adjudication that the construction and maintenance by plaintiffs of a platform, pipe and rest room in the demised premises, without the consent of the landlord, are not violations of any substantial provision of the lease between the parties. However, the summary proceeding heretofore commenced by…