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B & R LUNCHEONETTE v. FAIRMONT THEATRE CORP.

278 A.D. 133 (1951)

B & R Luncheonette Inc., Respondent, v. Fairmont Theatre Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 10, 1951.

Attorney(s) appearing for the Case

Thomas Bress of counsel (Archie Weltman with him on the brief; Leopold Friedman, attorney), for appellant.

Sidney J. Loeb of counsel (Alfred Sobol with him on the brief and attorney), for respondent.

GLENNON, J. P., DORE, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.

Per Curiam.

The plaintiff is the lessee of store premises and brings this action at law against the defendant owner of the adjoining property to recover damages for an alleged trespass and nuisance. The plaintiff conducts a luncheonette and ice cream parlor in the demised premises and intended to use the rear yard as a summer garden. The plaintiff, however, has been deprived of the use and enjoyment of this portion...

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