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Meyer v. Moress

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1905
106 App. Div. 556 (N.Y. App. Div. 1905)

Opinion

July, 1905.

Isaac V. Schavrien, for the appellant.

T.M. Tyng, for the respondents.


The action is brought by landlords against their tenant of a fourth floor of a building owned by them to enjoin the maintenance of a sign alleged to have been erected without their consent in writing as required by the lease. The moving papers allege the effect of the provisions of the lease; but its provisions which it is alleged the tenant is violating should have been set forth. Moreover the order is irregular in that it does not contain a recital of the grounds upon which it was granted as required by the provisions of section 610 of the Code of Civil Procedure.

It follows, therefore, that the order should be reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

O'BRIEN, P.J., PATTERSON, INGRAHAM and McLAUGHLIN, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.


Summaries of

Meyer v. Moress

Appellate Division of the Supreme Court of New York, First Department
Jul 1, 1905
106 App. Div. 556 (N.Y. App. Div. 1905)
Case details for

Meyer v. Moress

Case Details

Full title:LOUIS MEYER and Others, Respondents, v . IGNACE MORESS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jul 1, 1905

Citations

106 App. Div. 556 (N.Y. App. Div. 1905)
94 N.Y.S. 771

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