Cooper v. Castagnello

(I)

The plaintiffs are residential tenants of a 10-unit multiple dwelling owned by the defendant. They seek to enjoin him from proceeding with the construction of a garage in the cellar of the premises.

A temporary injunction was granted at Special Term in favor of plaintiffs Cooper, who were lessees at the time and whose apartment would be directly affected by the structural changes; and denied as to the other plaintiffs, who had no leases and whose grievance related only to the general lobby changes. At the time of the trial, the iCooper lease had expired, and these tenants continued their…