Appellate Division of the Supreme Court of New York, 1991

Cosmos Studios Corp. v. 41 Bleecker Street Owners Corp.

Cosmos Studios Corp. v. 41 Bleecker Street Owners Corp.
Appellate Division of the Supreme Court of New York · Decided December 12, 1991
178 A.D.2d 251
Cosmos Studios Corp. v. 41 Bleecker Street Owners Corp.

Opinion of the Court

Order, Supreme Court, New York County (Harold Tompkins, J.), entered June 7, 1991, which denied plaintiff’s motion for a preliminary injunction, inter alia, to remove a plumbing installation, unanimously affirmed, with costs.

Plaintiff failed to show a likelihood of ultimate success on *252the merits, irreparable injury absent an injunction, and a balance of equities in its favor (Koursiaris v Astoria N. Dev., 143 AD2d 639). Denial of a preliminary injunction is a matter of the IAS court’s discretion (After Six v 201 E. 66th St. Assocs., 87 AD2d 153, 155, appeal dismissed 57 NY2d 835), which, given the existence of sharp questions of fact (see, Weil Textiles v Zaretzky, 166 AD2d 380), and plaintiff’s failure to move with dispatch in seeking the injunction (Straisa Realty Corp. v Woodbury Assocs., 154 AD2d 453, 454), was not abused here. Concur—Sullivan, J. P., Rosenberger, Wallach, Ross and Smith, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.