MEHDI DILMAGHANI & CO., INC. v. SPA HEALTH CLUBS, INC.


45 A.D.2d 1021 (1974)

Mehdi Dilmaghani & Co., Inc., Respondent, v. Spa Health Clubs, Inc., Appellant

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

July 29, 1974


Judgment modified, on the law and the facts, by deleting therefrom the entire decretal paragraph awarding the injunction. As so modified judgment affirmed, with costs to respondent.

The power transformer for defendant's building was positioned so that access thereto could only be from plaintiff's property. Under the circumstances of this case, defendant would be entitled to make an application for appropriate relief under section 881 of the Real Property Actions and...

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