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401 HOTEL v. MTI/IMAGE GROUP, INC.

251 A.D.2d 125 (1998)

674 N.Y.S.2d 318

401 Hotel, L.P., Appellant, v. MTI/Image Group, Inc., Respondent. (Action No. 1.) MTI/Image Group, Inc., Appellant, v. 401 Commercial, L.P., Doing Business as New York's Hotel Pennsylvania, et al., Respondents. (Action No. 2.)

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

June 16, 1998

Since plaintiffs failed to demonstrate, inter alia, a likelihood of success on the merits, their motions for preliminary injunctive relief were properly denied (see, Grant Co. v Srogi, 52 N.Y.2d 496, 517).

In action number 1, plaintiff 401 Hotel, L.P., sought to enjoin defendant MTI's renovation of premises leased by 401 to MTI. Article 40.5 of the parties' lease,...

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