A1 ENTERTAINMENT LLC v. 27TH STREET PROPERTY LLC


60 A.D.3d 516 (2009)

875 N.Y.S.2d 463

A1 ENTERTAINMENT LLC, Appellant-Respondent, v. 27TH STREET PROPERTY LLC et al., Respondents-Appellants.

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

Decided March 17, 2009.


To obtain a preliminary injunction, plaintiff was required to demonstrate a likelihood of ultimate success on the merits, irreparable injury absent provisional relief, and a balancing of the equities in its favor. Although irreparable injury is presumed since plaintiff's commercial lease has been terminated, plaintiff failed to demonstrate a likelihood that it will succeed in proving that it was not aware of the termination provision contained in the overlease. Plaintiff...

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