Opinion
December 4, 1961
The action is by certain tenants of apartments, which are variously in four multiple dwelling buildings, against their landlords for a judgment: (1) declaring the rights of the parties with respect to so-called portable laundry washing machines which the plaintiffs have maintained and used in their apartments, and with respect to a regulation adopted by the landlords to the effect that such machines may not be installed in apartments in the buildings; and (2) enjoining defendants from interfering with plaintiffs' maintenance and use of said machines, enjoining defendants from terminating plaintiffs' leases and tenancies, and enjoining defendants from instituting and prosecuting eviction proceedings because of plaintiffs' maintenance and use of the machines. Defendants counterclaimed for a declaratory judgment in their favor and for an injunction to restrain plaintiffs from maintaining and using their machines in their apartments. The appeal is by plaintiffs from a judgment of the Supreme Court, Queens County, entered May 9, 1961, upon the decision of the court after a nonjury trial, in favor of defendants and granting the injunction prayed for in their counterclaim. Judgment affirmed, without costs. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.