De Lacy v. Adams
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action for an injunction by Peter De Lacy against Albert J. Adams. From an order granting an injunction pending the action, defendant appeals.
1Opinion of the Court
FREEDMA27, J.
The action is brought by the plaintiff to restrain the defendant, as tenant under a lease from the plaintiff, *298from carrying on a certain business at the demised premises, No. 43 West Twenty-Ninth street, in the city of New York. In the complaint, and in his accompanying affidavit, the plaintiff avers that the lease runs from August 1, 1892, until May 1, 1895. The lease itself shows that it expires May 1, 1894. It is neither recorded nor acknowledged, and it contains no restriction whatever against the carrying on of any kind of business upon the demised premises. The business…
2Cases cited2 opinions
- Brennan v. Brighton Beach Racing Ass'nNew York Supreme Court · 1890
- People v. WynnNew York Supreme Court · 1890