25 N.Y.S. 277 | N.Y. Sup. Ct. | 1893
This action was brought to obtain specific performance of an alleged agreement of the defendants to extend a lease of premises in Main street in the city of Buffalo, which they had given the plaintiffs for the term of one year from May 1, 1890, to cover a term of four years in- addition thereto; and the injunction restrained the defendants in the mean time from prosecuting summary proceedings begun by them in the municipal court of Buffalo
The injunction was prayed for in the complaint on the ground that the affirmative defense to the summary proceedings above foreshadowed was an equitable one only, and one of which the plaintiffs could not avail themselves in the municipal court. The learned judge at special term held to the contrary, and was of opinion, as shown by a memorandum accompanying his decision, that even under their general answer to the petition the plaintiffs “could litigate the executory covenant to extend their lease four years, in avoidance of the relief sought by that proceeding;” but he denied the motion to dissolve the injunction on the ground that the plaintiffs should be given the opportunity to have then-right to occupy the demised premises for four years determined in such manner as to bar further proceedings on the part of the defendants to disturb them in the occupancy of said premises, in the event that they are able to show that they are entitled to such extension.” We go with the learned judge so far, at least, as to hold that the defense here indicated might have been if it was