FORTY-SEVENTH-FIFTH CO. v. NEKTALOV


225 A.D.2d 343 (1996)

638 N.Y.S.2d 625

Forty-Seventh-Fifth Company, Appellant, v. Leon Nektalov et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

March 7, 1996


Plaintiff established an adequate basis for injunctive relief, and the motion court erred in holding that plaintiff failed to show a likelihood of success on the merits and that it would not suffer irreparable harm.

On the question of success on the merits, plaintiff submitted sufficient proof, by way of the lease, affidavits, and other submissions, to warrant injunctive relief, and defendants' opposing arguments were without merit. The existence of an issue as to...

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