
    Louis Meyer and Others, Respondents, v. Ignace Moress, Appellant.
    
      Injunction proJiitriting the maintenance of a sign by a tenant — the provisions of the lease, not their effect, should be set' forth — the grounds of tlm injunction should be recited.
    
    An order granting an injunction pendente lite, in an action brought by a landlord against a tenant to enjoin the latter from maintaining a sign, alleged to have been erected without the written consent of the landlord as required by the lease, should be reversed, where the moving papers simply allege the effect of the provisions of the lease and do not set forth such provisions, and where the order does not contain a recital of the grounds upon which it was granted, as required by section 610 of the Code of Civil Procedure.
    Appeal by the defendant, Ignace Moress, from an order of the Supreme Court, made at the: New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of May, 1905, restraining the defendant, pending the determination of the action, from maintaining a certain advertising sign upon, the premises occupied by him as a tenant.
    
      
      Isaac V. Schavrien, for the appellant.
    
      T. M. Tyng, for the respondents.
   Laughlin, J.:

The action is brought by landlords against their tenant of a fourth floor of a building owned by them to enjoin the maintenance of a sign alleged to have been erected without their consent in writing as required by the lease. The moving papers allege the effect of the provisions of the lease ; but its provisions which it is alleged the tenant is violating should have been set forth. Moreover the order is irregular in that it does not contain a recital of the grounds upon which it was granted as required by the provisions of section 610 of the Code of Civil Procedure.

It follows, therefore, that the order should be reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

O’Brien, P. J., Patterson, Ingraham and McLaughlin, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.  