Legal Opinion

106 & 108 Charles LLC v. Hohn

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 2012Published

1Opinion of the Court

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered June 20, 2011, which denied plaintiff landlord’s mo*512tion for a preliminary injunction, unanimously affirmed, with costs.

Plaintiff seeks a preliminary injunction to: a) require defendant tenant to remove a partition she constructed in her studio apartment; and b) discontinue using the apartment as a part-time professional office for her psychology practice. Because plaintiff’s motion seeks an order mandating specific conduct, plaintiff must show a clear right to relief (Second on Second Café, Inc. v Hing Sing Trading, Inc.,…

2Cases cited2 opinions

  1. Haberman v. HawkinsAppellate Division of the Supreme Court of the State of New York · 1991
  2. Dua v. New York City Department of ParksAppellate Division of the Supreme Court of the State of New York · 2011

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