Traitel Marble Co. v. Chase
New York Supreme Court
Motion by plaintiff to restrain defendant landlord from cutting off its supply of power.
1Opinion of the CourtBlanchard, J.
Plaintiff is in possession of certain premises as lessee, and seeks to restrain defendant, its landlord, from cutting off its supply of power. The lease provides that defendant shall *234supply plaintiff with power sufficient to run certain machines which are necessary to the conduct of plaintiff’s business. Defendant claims that plaintiff uses power in excess of that to which it is entitled, but, if such be the case, defendant has other remedies than the drastic one of discontinuing its supply altogether. As long as the plaintiff is in lawful possession of the demised premises the defendant must…
2Cited by2 opinions
- Longo v. SparanoNew York Supreme Court · 1922
- Mack v. Jim-Cor Enterprises, Inc.New York Supreme Court · 1971