Nasaw v. Jemrock Realty Co.
Opinion of the Court
We agree with the IAS Court that under the doctrine of primary jurisdiction (see, Capital Tel. Co. v Pattersonville Tel. Co.,
A valid order was issued by the agency on May 12, 1967 providing for "manned” elevator service. Defendants-landlords failed to obtain approval from the agency before unilaterally effecting a purported "substitution of services” required by that order. Therefore, we modify to reverse the denial of injunctive relief to the plaintiffs and grant the tenants’ application for such pendente lite relief enforcing the terms of the order until such time as the agency makes another final determination. While we warned, in Bartley v Walentas (78 AD2d 310), that the function of the Supreme Court was not the detailed management of a building, we also noted that damages "may not provide an adequate remedy for a continuing breach * * * [which] may well require injunctive relief’ (supra, at 314). This is such a case. There is no dispute that the extant order provides for services which were unilaterally discontinued by defendants. Accordingly, plaintiffs are entitled to an injunction to enforce the 1967 order until such time as the DHCR relieves defendants from its terms. Concur — Wallach, J. P., Nardelli, Williams and Mazzarelli, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.