Twenty-fifth Street Realty Co. v. Wachtel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Weckstein & Weckstein, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of April, 1920, enjoining and restraining both defendants "from letting, allowing, permitting or suffering the appellant to enter into possession, use or occupancy of certain premises described in a lease between plaintiff and the defendant Arthur Wachtel under an agreement…
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Appeal by the defendant, Weckstein & Weckstein, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of April, 1920, enjoining and restraining both defendants "from letting, allowing, permitting or suffering the appellant to enter into possession, use or occupancy of certain premises described in a lease between plaintiff and the defendant Arthur Wachtel under an agreement between him and the appellant by which he may attempt to sublet or assign part or all of the premises to the appellant…
1Opinion of the Court
Laughlin, J.:
The injunction order contains a provision staying its enforcement pending an appeal therefrom by the appellant or until the trial and decision of the issues herein if appellant shall stipulate for an immediate trial at Special Term and provides that if appellant shall neither so stipulate nor appeal, then plaintiff is required to give a bond in the sum of $1,000, but neither the terms nor the conditions of the bond are stated.
Plaintiff claims that this is a suit in equity to enforce the specific performance by defendant Arthur Wachtel of a lease in writing made between him and…
2Cases cited6 opinions
- McHenry v. . JewettNew York Court of Appeals · 1882
- Brass v. . RathboneNew York Court of Appeals · 1897
- Roosevelt v. . HopkinsNew York Court of Appeals · 1865
- Goldman v. CornAppellate Division of the Supreme Court of the State of New York · 1906
- Fleisch v. SchnaierAppellate Division of the Supreme Court of the State of New York · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rubinstein Bros. v. Olé of 34th Street, Inc.Civil Court of the City of New York · 1979