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POPPER v. EMANEU REALTY CORP.

199 Misc. 32 (1951)

Murray T. Popper, Individually and on Behalf of All Tenants Similarly Situated, Plaintiff, v. Emaneu Realty Corp., Defendant.

Supreme Court, Special Term, New York County.

January 29, 1951.

Attorney(s) appearing for the Case

Maxwell Cohen for plaintiff.

Samuel L. Paul and Milton R. Weston for defendant.

HOFSTADTER, J.

The plaintiff, individually and on behalf of the other tenants in an apartment building in this city, sues to enjoin the conversion by the owner of a manually operated elevator into an automatic or self-service elevator. The tenants who have joined are all statutory tenants whose expired leases provided:

"THE LANDLORD COVENANTS: Second: Subject to the provisions of section `Fifteenth' above...

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