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CONCOURSE REHABILITATION AND NURSING CENTER, INC. v. GRACON ASSOCIATES

64 A.D.3d 405 (2009)

881 N.Y.S.2d 293

CONCOURSE REHABILITATION AND NURSING CENTER, INC., et al., Respondents, v. GRACON ASSOCIATES et al., Appellants.

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

Decided July 2, 2009.

Plaintiffs demonstrated the requisite likelihood of success on the merits, irreparable injury absent an injunction and balance of the equities in their favor (see Doe v Axelrod, 73 N.Y.2d 748, 750 [1988]). If defendants were permitted to treat the lease as terminated, plaintiffs would lose their substantial interest in real property (see generally EMF Gen. Contr. Corp. v Bisbee, 6 A.D.3d 45

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