| Show su 1 T AIM S nt TOS 5 qu n CL a for asiro U aang kab 0 roof ro landlord says crowd watching picture show dama damages g e S 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 free view of an outdoor moving picture show next door Is to be decided in the supreme court as the result of a suit filed by jacob london owner of the two six story tenement houses tit nt 51 5 1 und and tb 8 west ono one hundred and sixteenth street adjoining a theater which operates an outdoor moving picture show on the root roof nil all summer mr london in ills his complaint asks tor for an injunction restraining fifteen tenants nil all named as defendants from rom congregating on the root roof at any time to witness moving picture performances for mances from holding in meetings or assemblages on the root roof from gather I 1 ing collectively on tile root roof tor for social or amusement purposes from occupying windows connected with the col common halls to witness moving picture performances 1 from inviting soliciting encouraging or urging persons to assemble ns with them either on the roofs or in the halls on the stoop or at the hall windows vin dows to witness moving picture performances or tor for any unlawful purpose and from continuing to perpetrate fille alleged ged damage ln in lury jury or loss to plaintiffs property many views shown free isane isaac Stanis staniscaw faw agent of the property sold said in nn an affidavit that there era are 24 tenants in each of the houses which were built 17 years ago the roofs were recently recovered with a plastic slats rubber nt at a cost of the agent said that each night from to 1130 the defendants congregated on the roof adjoining the theater paying no heed to the watchman who ordered them away they took chairs boxes and other objects to the roof be said and invited friends and relatives sometimes ns as many as to see bee the show allow for or nothing tile the roots roofs are not rented to tho the defenda defendants said the agent and are the exclusive property of the plaintiff none 0 of tho the defendants has bus license or authority to go on the roofs for or any purpose and deponent has mado made vehement protest alleged dar damage darlinge ringe done by the nightly root roof parties he said was as follows coping on westerly wall of no 63 58 entirely broken roof damaged in various places vent pipes broken from their hearings bearings bricks over the stairway leading to the root roof demolished the agent said it would be lietea sary to remove the entire root roof cover ing and raise the roofs to the proper level because they had sagged under the weight of the film watchers ua he 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 first learned 0 of the roof parties he found 35 persons persona there but they would not move when he asked them to saying they would go up there as much as they pleased and if the landlord like it he could sell the house for they would not slay off the root roof for anybody the agent got a man but tile the tenants refused to budge until threatened with arrest the agent said since then he be said the tenants had been up there every night and had broken down all the barriers he put to keep thern them oft the janitor said in an affidavit that the roof going tenants threatened him with bodily harm it if tic ho interfered and attacked the theater watchman who tried to get them olf off |
