Chamberlain v. Childs' Unique Dairy Co.

When the previous motion for an injunction in this case was before me, I referred to Agate v. Lowenbein, 57 N. Y. 604, 612, as authority for the proposition that where a tenant has committed waste and thereby “ has gone beyond the powers conceded by the lease, he has either been restrained by injunction or compelled at once to make satisfaction or to restore the premises to the condition in which he found them.” After the denial of the former motion, the present motion was made for a mandatory injunction to compel the defendant to seal up the portions of the wall which he had cut without any…