Appellate Division of the Supreme Court of New York, 1994

Schleissner v. 325 West 45 Equities Group

Schleissner v. 325 West 45 Equities Group
Appellate Division of the Supreme Court of New York · Decided December 1, 1994
210 A.D.2d 13; 618 N.Y.S.2d 804; 1994 N.Y. App. Div. LEXIS 11894
Schleissner v. 325 West 45 Equities Group

Opinion of the Court

—Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered May 24, 1993, which denied plaintiffs’ motion for a preliminary injunction, unanimously affirmed, with costs.

The plaintiffs, nonpurchasing tenants in a building converted to cooperative ownership, sought a preliminary injunction prohibiting defendants from denying them access to the roof and its use for recreational purposes. The IAS Court *14properly denied the motion since quite apart from whether plaintiffs demonstrated a likelihood of success, money damages are an adequate remedy for a reduction in landlord services (see, Goldner v Doknovitch, 88 Misc 2d 88, 91). Accordingly, the plaintiffs did not show the essential element of probable irreparable harm.

We have considered the plaintiffs’ remaining arguments and find them to be without merit. Concur—Ellerin, J. P., Wallach, Asch and Tom, JJ.

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