HENRY MODELL & CO., INC. v. REGENCY-LEXINGTON PARTNERS


66 A.D.2d 756 (1978)

Henry Modell & Co., Inc., et al., Respondents, v. Regency-Lexington Partners et al., Appellants, et al., Defendants

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

December 28, 1978


We appreciate that the temporary injunction granted at Special Term represented a conscientious effort to permit the renovation and reconstruction of the former Hotel Commodore to proceed without causing severe economic damage to retail tenants and without creating a danger to pedestrians. Unfortunately, the injunctive relief appears to require the defendants to violate a valid provision of the New York City Building Code. We know of no authority permitting a court to require...

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