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BROWNRIGG v. HERK ESTATES

276 A.D. 566 (1950)

Jack Brownrigg et al., Appellants-Respondents, v. Herk Estates, Inc., Respondent-Appellant

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

March 28, 1950.

Attorney(s) appearing for the Case

Leo Praeger of counsel (Barney Rosenstein with him on the brief), for appellants-respondents.

Irving A. Isaacs of counsel (Smith & Isaacs, attorneys), for respondent-appellant.

PECK, P. J., and SHIENTAG, J., concur with VAN VOORHIS, J.; COHN, J., dissents and votes to affirm in all respects except he concurs with the majority in eliminating the $1,000 counsel fee, in opinion in which DORE, J., concurs.

VAN VOORHIS, J.

These are cross appeals by landlord and tenants. The subject real property is an apartment house at 270 Riverside Drive, in the borough of Manhattan, city of New York. The action is by tenants for a mandatory injunction to compel the landlord to provide or maintain various services in the building, and for damages by reason of the alleged discontinuance of these services. With the possible exception...

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