Mazzanobile v. McCaffrey

Plaintiff, operator of a stand abutting premises 300 East 26th Street, New York, appeals from an order denying her motion for a preliminary injunction or stay pending determination of the action.

The stand in question has been at the location herein for about fifty years; plaintiff has had continuous use of it for eighteen years including the right to use and the actual use of part of the basement of the building in question for storage purposes in connection with the stand; pipes extend from the building and furnish heat and water; the abutting owner has been collecting rent from plaintiff as…