Ambler v. Skinner
The Superior Court of New York City
Motion for an injunction. The complaint, amongst other things, alleges that the defendant, unlawfully and without any right, daily enters into the parlor of the plaintiff, remains seated there, at the only window, and interferes with the position of the window curtains as arranged by the plaintiff, and when requested by the plaintiff to leave the curtains alone, or to leave the room, he refuses so to do, and acts in an insulting, threatening and violent manner; that the…
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Motion for an injunction. The complaint, amongst other things, alleges that the defendant, unlawfully and without any right, daily enters into the parlor of the plaintiff, remains seated there, at the only window, and interferes with the position of the window curtains as arranged by the plaintiff, and when requested by the plaintiff to leave the curtains alone, or to leave the room, he refuses so to do, and acts in an insulting, threatening and violent manner; that the defendant thus acts without the consent and against the wishes of the plaintiff; that the defendant unlawfully, and without…
1Opinion of the CourtJones, J.
As to the first objection, the verification is as ample and positive as the jurat to an injunction bill was required to be in the court of chancery. (3 Hoff. Ch. Pr. 16.)
As to the second objection, it is contended that the de* *563fendant, being a boarder, had a right, under the lease, to do the acts complained of.
Assuming (without deciding) that by the proper construction of the covenant against underletting, the lessees have a right to take boarders, yet the occupation of the rooms by persons other than the lessees must be in the •strict character of boarders. The definition of the word boarder…
2Cases cited1 opinion
- Dodge v. Lambert & GardnerThe Superior Court of New York City · 1858