Trenor v. Jackson
The Superior Court of New York City
Memoir to continue injunction. The plaintiff is the lessee for a term of ten years from May, 1870, of the premises on the south-east corner of Sixth avenue and Forty-eight street, in this city, and known as numbers 842, 844, 846 and 848 Sixth avenue.
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Memoir to continue injunction. The plaintiff is the lessee for a term of ten years from May, 1870, of the premises on the south-east corner of Sixth avenue and Forty-eight street, in this city, and known as numbers 842, 844, 846 and 848 Sixth avenue. Upon ai.d covering the whole premises is a five-story building, the first story of which is occupied by the defendant as a grocery store, and the stories above are separated into eleven flats or suits of apartments, intended and used as family residences, and is let by the plaintiff to separate and different families, who are now occupying the…
1Opinion of the CourtMonell, J.
The grounds upon which the plaintiff claims to hold the injunction in this case are, first, that the acts of the defendant are in violation of his covenant; and, second, that the erection of the wooden shed is a public nuisance, or at least a purpresture, injurious to the private interests of the plaintiff.
The covenant alleged to have been broken is that the defendant will not make any alteration in the demised premises, and it is claimed that the erection of the shed, being outside the building, is not an alteration i/n the building. But I think that too narrow a construction of the…
2Cases cited5 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Moshier v. Utica & Schenectady RailroadNew York Supreme Court · 1850
- Baldwin v. MayorNew York Court of Appeals · 1866
3Cited by5 opinions
- Nash v. WebberMassachusetts Supreme Judicial Court · 1910
- McCaull v. BrahamU.S. Circuit Court for the District of Southern New York · 1883
- Bowser v. Cain Auto Co.Court of Appeals of Texas · 1919
- Sharp v. WhitesideUnited States Circuit Court · 1883
- Jemison v. Citizens' Savings BankNew York Supreme Court · 1881