Paine v. Blair House Associates

— Order, Supreme Court, New York County, entered on February 2, 1979, granting plaintiffs motion for preliminary injunction unanimously reversed, on the law and the facts and in the exercise of discretion, and the motion is denied, with one bill of costs and disbursements. Plaintiff and defendant entered into a lease pursuant to which plaintiff was to sell hardware and household accessories. The store is approximately 95 feet long *572and 15 feet wide and was heated by steam at the time the lease took effect. Defendants, in order to reduce the heating bills, commenced construction of a $90,000…