105 N.Y.S. 1069 | N.Y. Sup. Ct. | 1907
This action is brought to restrain the defendants from interfering with the plaintiff’s possession under a lease from the city of New York under date of June 13, 1899. The demised property consists of certain land under water at the foot of West One Hundred and Fifty-fifth street, in the city of New York, where the plaintiff conducts a bathing establishment. The lease, which was for a period of ten years, with the privilege of a renewal for a further period of ten years at an increased rental, contained a provision to the effect that in case the board of docks should determine to proceed with the building of wharves in the section or district of the water front embracing the property in said lease described, according to any plan then or thereafter approved, and that it should be necessary for such purpose to terminate the interest of the tenant in the property, said lease should be terminated on written notice of a resolution of the board of docks to that effect. On April 2, 1907, the commissioner of docks served a notice upon the plaintiff whereby he advised the plaintiff that he had adopted a plan for the improvement of the water front covering the premises in question; that the plan had received the approval of the commissioners of the sinking fund on the 20th day of March, 1907, and that he had determined to proceed with the work of building docks and a
Injunction ordered.