56 A.D. 9 | N.Y. App. Div. | 1900
With one exception the same questions are presented in this ¿ase as in the case of Riedeman v. Mount Morris Electric Light Co. (post, p. 23). In this case, however, it appears that the plaintiff brought the action as lessee of certain premises known as 525 Greenwich street in the ■ city of New York to restrain the defendant from maintaining a nuisance. The action seems to have been commenced November 3, 1898, and the complaint asked for an injunction to restrain the continuance of a nuisance, and alleged that the plaintiff was in the possession of the premises under a lease in writing which expired on May 1,1898. The allegations of the defendant, which were sustained by the proof, are that long prior to the plaintiff’s acquiring any interest in the property the defendant had been operating its electric light plant in a manner similar to its operation at the present time, and that prior to the
The judgment should, therefore, be reversed, with costs, and the complaint dismissed, with costs.
Yan Brunt, P. J., O’Brien, McLaughlin and Hatch, JJ., concurred.
Judgment reversed, with costs, and complaint dismissed, with costs.