BESSER v. BECKETT


253 A.D.2d 648 (1998)

677 N.Y.S.2d 364

James M. Besser, Respondent, v. Ronald Beckett, Appellant, and Fine Times, Inc., Respondent

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

September 17, 1998


The schedule fashioned by the IAS Court appropriately balances the equities while maintaining the basic status quo pending final resolution of the action. We reject defendant's argument that the clause in plaintiff's lease limiting his use of the apartment to "living purposes only" necessarily mandates injunctive relief prohibiting any commercial use of the apartment to give voice lessons. Assuming in defendant's favor that he can enforce this clause as a third-party beneficiary...

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