Montant v. Moore
New York Supreme Court
Motion for an injunction pendente lite restraining the prosecution of a summary proceeding to recover the possession of real property.
1Opinion of the CourtGiegerich, J.
This is an action for specific performance of a covenant for renewal contained in a lease and for an injunction against the prosecution of a summary proceeding; and the present motion is for an injunction pendente lite restraining the prosecution of such proceeding until the determination of this action. A summary proceeding has been brought in the Municipal Court to dispossess the plaintiff from the premises in question on the ground that she is holding over after the expiration of her term. In that proceeding she has set up the equitable defense that she is entitled to a renewal of her…
2Cases cited8 opinions
- Siemon v. . SchurckNew York Court of Appeals · 1864
- People's Bank v. . MitchellNew York Court of Appeals · 1878
- Sherman v. . WrightNew York Court of Appeals · 1872
- Douglas v. Chesebrough Building Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Noble v. McGurkNew York Supreme Court · 1896
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3Cited by1 opinion
- Burgener v. O'HalloranAppellate Terms of the Supreme Court of New York · 1920