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READE v. ROCKAWAY CROSSING, LLC

18 A.D.3d 337 (2005)

794 N.Y.S.2d 650

DUANE READE, Appellant, v. ROCKAWAY CROSSING, LLC, Respondent.

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

May 19, 2005.

Defendant landlord allegedly failed to maintain properly the common areas of the shopping center in which plaintiff has rented space pursuant to the parties' 20-year lease agreement. The court providently exercised its discretion when it denied a preliminary injunction to this plaintiff, which failed to demonstrate it would be irreparably injured without such relief (Wall St. Garage Parking Corp. v New York Stock Exch., Inc., 10 A.D.3d 223

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