Appellate Division of the Supreme Court of New York, 1999

Jemrock Realty Co. v. 210 West 101st Street Tenants Ass'n

Jemrock Realty Co. v. 210 West 101st Street Tenants Ass'n
Appellate Division of the Supreme Court of New York · Decided January 19, 1999
258 A.D.2d 477; 684 N.Y.S.2d 202
Jemrock Realty Co. v. 210 West 101st Street Tenants Ass'n

Opinion of the Court

—Order, Supreme Court, New York County (Edward Lehner, J.), entered August 13, 1997, which, insofar as appealed from, denied plaintiff landlord’s motion for a preliminary injunction enjoining defendant tenant association from holding meetings in the lobby of the parties’ building, unanimously affirmed, without costs.

*478The 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 [2]). Concur — Williams, J. P., Wallach, Andrias and Saxe, JJ.

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