I.H.P. CORP. V. 210 CENTRAL PARK SOUTH CORP. 189 N.E.2d 812 (1963) CASE BRIEF

I.H.P. CORP. V. 210 CENTRAL PARK SOUTH CORP.
189 N.E.2d 812 (1963)
NATURE OF THE CASE: This was a dispute over an awarding of exemplary damages incidental to injunctive relief. Defendant landlord sought review of an order, which, in an action brought by plaintiff tenant for violations of the tenant's leasehold, granted an injunction and awarded exemplary damages.
FACTS: The facts alleged by P indicated that P was the lessee in possession of the street level floor in the building of one of the defendants. P alleged that all of the Ds caused the premises to be broken into at night on two occasions during which certain damage was done to the leasehold. P also alleged that Ds put up barriers to restrict his means of access to the premises all with the purpose of harassing P into surrendering its valuable lease. P alleged that unless the court took action, that similar acts would occur in the future. P requested an injunction and treble damages. The court gave P the injunction and $5,000 in exemplary damages. Ds appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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