Trenor v. Jackson
The Superior Court of New York City
Motion to continue injunction. This action was brought by John J. Trenor against James S. Jackson. The plaintiff is the lessee, for a term of ten years from May, 1870, of the premises on the southeast corner of Sixth-av. and Forty-eighth-st., in the city of Hew York,-and known as Hos. 842, 844,-846 and 848 Sixth-avenue.
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Motion to continue injunction. This action was brought by John J. Trenor against James S. Jackson. The plaintiff is the lessee, for a term of ten years from May, 1870, of the premises on the southeast corner of Sixth-av. and Forty-eighth-st., in the city of Hew York,-and known as Hos. 842, 844,-846 and 848 Sixth-avenue. Upon and covering the whole premises is a five-story building, the first story of which is occupied by the defendant as a grocery store, and the stories above are separated into eleven flats or suits of apartments, intended and used as family residences, and let by the…
1Opinion of the CourtMonell, J.
The grounds upon which the plaintiff claims to hold the injunction in this case, are, first, that the acts of the defendant are in violation of his covenant; and, second, that the erection of the wooden shed is a public nuisance, or at least a purpresture, injurious to the private interests of the plaintiff.
The covenant alleged to have been broken is, that the defendant will not make any alterations in the demised premises; and it is claimed that the erection of the shed, being outside the building, is not an alteration in the building. But I think that too narrow a construction of the…
2Cases cited10 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
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