Even if plaintiff does have—as she alleges for the first time in her appellate brief—a wooden terrace overlooking the garden adjoining her ground-floor apartment, as opposed to simply access to the backyard garden, the court's denial of a preliminary injunction prohibiting defendant Massud Rahbar, the building owner, from creating a cellar door to the backyard would have been a provident exercise of discretion (see Wellbilt Equip. Corp.
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HAZLETT v. RAHBAR
27 A.D.3d 384 (2006)
812 N.Y.S.2d 61
ELIZABETH HAZLETT, Appellant, v. MASSUD RAHBAR et al., Respondents.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 28, 2006.
March 28, 2006.
Appellate Division of the Supreme Court of the State of New York, First Department.
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