Appellate Division of the Supreme Court of New York, 2016

Cityfront Hotel Associates Limited Partnership v. Starwood Hotels & Resorts Worldwide, Inc.

Cityfront Hotel Associates Limited Partnership v. Starwood Hotels & Resorts Worldwide, Inc.
Appellate Division of the Supreme Court of New York · Decided September 27, 2016 · Friedman, Andrias, Richter, Gische, Kahn
142 A.D.3d 873; 37 N.Y.S.3d 878
Cityfront Hotel Associates Limited Partnership v. Starwood Hotels & Resorts Worldwide, Inc.

Opinion

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 1, 2016, which denied plaintiffs’ motion for a preliminary injunction, unanimously affirmed, with costs.

The court providently exercised its discretion in denying the application to enjoin the announced hotel chain merger for failure to demonstrate that the harm would be irreparable. Plaintiffs’ claimed projected losses all amounted to loss of *874 revenue, which defendants’ expert showed, without contradiction, was calculable (see SportsChannel Am. Assoc. v National Hockey League, 186 AD2d 417, 418 [1st Dept 1992]).

In view of the foregoing, it is unnecessary to address the parties’ contentions regarding the other requisites of preliminary injunctive relief.

Concur — Friedman, J.P., Andrias, Richter, Gische and Kahn, JJ.

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