Opinion
June, 1920.
Present — Clarke, P.J., Laughlin Dowling, Page and Merrell, JJ.
Upon the facts presented in this record, the order is modified by incorporating a provision that it is granted upon condition that the plaintiff stipulate to go to trial on two days' notice before the court at Special Term or a referee to be appointed by the court at Special Term, and as so modified affirmed, without costs.
Page, J., dissenting on the ground that, in his opinion, the injunction is unnecessary, as the tenant could defend any summary proceeding upon the facts stated in the application.