Perlov v. Loric Holding Corp.

Plaintiff-tenant moves for an injunction pendente lite in aid of his suit for a permanent injunction restraining the defendant-landlord from interfering with his asserted right to maintain a television aerial on the roof of a multiple dwelling apartment house, and for a judgment declaratory of his rights.

Irrespective of the merits of the controversy and the rights of the parties as they ultimately may be determined, it appears without dispute that the aerial already has been removed. Under the circumstances, the temporary relief sought would be futile. Equity will not do a vain thing…