Wallack Construction Co. v. Smalwich Realty Corp.

The plaintiff moves for an injunction pendente lite to restrain the defendants, the owner and tenant, respectively, of the premises immediately adjoining its premises to the east thereof on the north side of West Thirtieth street, between Fifth avenue and Broadway, in the borough of Manhattan, New York city, from erecting thereon, in alleged violation of an eight-foot set-back agreement, any building or structure whatever so as to occupy any part of such space. The plaintiff’s property is improved with a large modern twelve-story loft building, set back eight feet from the street line, while…