Jemrock Realty v. 210 W. 101st St. Tenants

Full title: JEMROCK REALTY CO., Appellant, v. 210 WEST 101ST STREET TENANTS…

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

Date published: Jan 19, 1999

257 A.D.2d 477 (N.Y. App. Div. 1999)

684 N.Y.S.2d 202

Opinion

January 19, 1999.

Appeal from the Supreme Court, New York County (Edward Lehner, J.).

The preliminary injunction was properly denied in view of defendant's "right to meet * * * in any location on the premises * * * which is devoted to the common use of all tenants", and in the absence of any evidence that defendant's meetings in the lobby have been or are likely to be unpeaceful, obstructive of access to the building or its facilities, or otherwise unsafe (Real Property Law § 230).

Concur — Williams, J.P., Wallach, Andrias and Saxe, JJ.