107 SHORE RD. CORP. v. GATKNICK REALTY


40 Misc.2d 455 (1963)

107 Shore Road Corp., Plaintiff, v. Gatknick Realty Corp. et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 17, 1963


Attorney(s) appearing for the Case

Floyd M. Lampert for plaintiff. Morris Alfred Vogel for Gatknick Realty Corp. and others, defendants.


EDWIN R. LYNDE, J.

In this action for trespass, plaintiff has applied for a temporary injunction enjoining and restraining the defendants from continuing to occupy the property and from performing allegedly continuous acts of waste and damage. The mortgagee insists that under section 13 of the mortgage it has the right to enter the premises for the purpose of letting the same, regardless of the facts that there was no prior rental in effect, that there...

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