Plaintiffs, tenants at 301 East 47th Street, New York, New York, where they occupy a duplex penthouse, seek to enjoin preliminarily the owners of a building next to theirs from erecting an elevator tower and cooling system above their building. Defendants cross-move to dismiss the action on the ground that it fails to state a cause of action.
The cross motion is granted and the motion is denied.
In their complaint...
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