Nobu Next Door, LLC v. Fine Arts Housing, Inc.
Cases that cite this one
202 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of P. & E. T. Found. (Appellate Division of the Supreme Court of New York 2022)
- Eastview Mall, LLC v. Grace Holmes, Inc. (Appellate Division of the Supreme Court of New York 2020)
- Cangemi v. Yeager (Appellate Division of the Supreme Court of New York 2020)
- Burre v. Kipling Arms, LLC (New York Supreme Court, New York County 2025)
- New York Mar. & Gen. Ins. Co. v. Millennia Assur., Inc. (Appellate Division of the Supreme Court of New York 2025)
- New York Mar. & Gen. Ins. Co. v. Millennia Assur., Inc. (Appellate Division of the Supreme Court of New York 2025)
- Sebco Dev., Inc. v. Building Mgt. Assoc., Inc. (New York Supreme Court, Bronx County 2024)
- Sebco Dev., Inc. v. Building Mgt. Assoc., Inc. (New York Supreme Court, Bronx County 2024)
- Liberty Events, LLC v. 175 Van Dyke LLC (New York Supreme Court, New York County 2024)
- Burt v. Jerez (New York Supreme Court, Albany County 2024)
- 23A Props., Inc. v. New Mayfair Dev. Corp. (Appellate Division of the Supreme Court of New York 2023)
- JY Not So Common L.P. v. P & R Bronx, LLC (New York Supreme Court 2023)
- Darwish Auto Group, LLC v. TD Bank, N.A. (New York Supreme Court 2023)
- Matter of Trinity NYC Hotel, LLC v. Metropolitan Transp. Auth. (Appellate Division of the Supreme Court of New York 2021)
- Matter of Trinity NYC Hotel, LLC v. Metropolitan Transp. Auth. (Appellate Division of the Supreme Court of New York 2021)
- CWCapital Cobalt VR Ltd. v. CWCapital Invs. LLC (Appellate Division of the Supreme Court of New York 2019)
- CGI Tech. & Solutions, Inc. v. New York State Off. of Mental Health (New York Supreme Court 2019)
- Sterling v. Deutsche Bank Nat'l Trust Co. (District Court, S.D. Illinois 2019)
- Vanderbilt Brookland, LLC v. Vanderbilt Myrtle, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Vanderbilt Brookland, LLC v. Vanderbilt Myrtle, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Kaloyeros v. Fort Schuyler Mgt. Corp. (New York Supreme Court 2017)
- Vanderbilt Brookland, LLC v. Vanderbilt Myrtle, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Vanderbilt Brookland, LLC v. Vanderbilt Myrtle, Inc. (Appellate Division of the Supreme Court of New York 2017)
- Kaloyeros v. Fort Schuyler Management Corp. (New York Supreme Court 2017)
- STS Steel, Inc. v. Maxon Alco Holdings, LLC (Appellate Division of the Supreme Court of New York 2014)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs; the certified question should be answered in the affirmative.
The decision to grant or deny provisional relief, which requires the court to weigh a variety of factors, is a matter ordinarily committed to the sound discretion of the lower courts. Our power to review such decisions is thus limited to determining whether the lower courts’ discretionary powers were exceeded or, as a matter of law, abused (Doe v Axelrod, 73 NY2d 748, 750 [1988]). The party seeking a preliminary injunction must demonstrate a probability of success on the merits, danger of irreparable injury in the absence of an injunction and a balance of equities in its favor (see CPLR 6301; see generally Doe, 73 NY2d at 750).
Here, in addition to a Yellowstone injunction, plaintiff Nobu Corp. also sought a preliminary injunction tolling its time to exercise the renewal option in its lease (see Waldbaum, Inc. v Fifth Ave. of Long Is. Realty Assoc., 85 NY2d 600 [1995]; First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630 [1968]). The Appellate Division considered appropriate equitable factors in determining that the balance of the equities did not tip in Nobu Corp.’s favor. Accordingly, that Court did not exceed or abuse its equitable powers in vacating the preliminary injunction.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.