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NOBU NEXT DOOR, LLC v. FINE ARTS HOUSING, INC.

4 N.Y.3d 839 (2005)

833 N.E.2d 191

800 N.Y.S.2d 481

NOBU NEXT DOOR, LLC, Plaintiff, and NOBU CORP., Appellant, v. FINE ARTS HOUSING, INC., Respondent.

Court of Appeals of the State of New York.

Decided April 5, 2005.

Attorney(s) appearing for the Case

Wagner Davis, P.C., New York City (Bonnie Reid Berkow of counsel), for appellant.

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (Jeffrey R. Metz of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

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...

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