TENNIS EDGE INC. v. STADIUM RACQUET CLUB


305 A.D.2d 199 (2003)

759 N.Y.S.2d 460

TENNIS EDGE INC., Appellant, v. STADIUM RACQUET CLUB, Respondent.

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

Decided May 13, 2003.


There is no merit to plaintiff's claim that its exclusion from defendant's facility will cause it irreparable harm because it will not be able to market itself for the upcoming season or engage another facility. The parties have a contract for a definite term of years that sets forth a schedule of fees that defendant is to pay plaintiff for various instructional services at its facility. If defendant is not paying those fees or otherwise not performing its end of the bargain...

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