Cox v. Rogers

Order insofar as appealed from unanimously modified in accordance with the memorandum herein, and as so modified affirmed, without costs. Memorandum: Issues are presented in the moving papers not only as to whether the defendants landlords are responsible for code violations on the premises and for a failure to correct them but also as to plaintiffs’ own direct responsibility as tenants for their creation and maintenance. As stated in Town of Southeast v. Gonnella (26 A D 2d 550) “ In the absence of a clear right to the relief demanded, injunctive relief should not be granted until the issues…