Show teles TAm Teim nants amit for usim nd f landlord says crowd watching picture show damages building new york whether a landlord has a right to prevent tenants from congregating nightly on the root roof with from to friends tor for a tree free view of an outdoor moving picture show next door Is to be decided in the supreme court as the result ot of a suit filed by jacob london owner of the two six story tenement houses bouses at 54 and 58 west one hundred and sixteenth street adjoining tt a theater which operates an outdoor r moving picture show on the root roof all summer mr london in his complaint asks for or an injunction restraining fifteen tenants all named as defendants from congregating on the root roof at any time to witness moving picture performances for mances from holding meetings or assemblages on the root roof from gathering collectively on the root roof tor for social or amusement purposes from occupying windows connected with the common halls to witness moving picture performances from inviting soliciting encouraging or urging persons to assemble with them either on the roots roofs or in the halls on the stoop or at the hall windows to witness moving picture performances or for any unlawful purpose and from continuing to perpetrate alleged damage injury or loss to plaintiffs property many views view shown free isaac stanislaw Stanl slaw agent ot of the property said eald in an afI affidavit davit that there are 24 tenants in each of the houses which wre were built 17 years ago the roofs were recently recovered with a plastic slate rubber at a cost of the agent said that each night from to 1130 the d defendants congregated on the roof adjoining the theater paying no heed beed to the watchman who ordered them away they took chairs boxes and other objects to the roof he be said and invited friends and relatives sometimes as many as to see the show allow for or nothing the roofs are not mot rented to the said the agent and are the exclusive property of the plaintiff none of the defendants has license or authority to go on the roots roofs for any purpose and deponent has made vehement protest alleged damage done by the nightly roof parties he bald was as follows coping on westerly wall of no 58 entirely broken root roof damaged in various places vent pipes broken from their bearings bricks over the stairway leading to the root roof demolished the agent sul ald dit lt would be iches sabyio to remove the entire root roof cover in ing ond and rane raise the roots roofs to the proper level because they had sagged under the weight of 0 the film watchers Us said there was danger of damage from water leaking through the broken roofs into the buildings repairs may cost thousands of dollars he ha added the agent said that when he be first learned of the root roof parties he found 35 persons there but they would not move when he asked them to saying they would go up there as much as they pleased and it if the landlord like it he could sell the house for they would not stay off the root roof for anybody tile the agent got a policeman but the tenants refused to budge until threatened with arrest tile the agent said since then he said thee the tenants had been up there every night and had broken down all the barriers be put to keep them olt off 11 the janitor said in an affidavit that the roof going tenants threatened him with bodily harm if he interfered and attacked the theater watchman who tried to get them off |