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ITHILIEN REALTY CORP. v. 180 LUDLOW DEVELOPMENT LLC

4019N, 117013/09, 4019NA.

80 A.D.3d 455 (2011)

915 N.Y.S.2d 63

ITHILIEN REALTY CORP., Respondent, v. 180 LUDLOW DEVELOPMENT LLC et al., Appellants.

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

Decided January 6, 2011.

The court providently exercised its discretion in granting plaintiff preliminary injunctive relief since plaintiff demonstrated a likelihood of success on the merits, irreparable harm to its building if the relief were not granted, and that a balancing of the equities weighs in its favor (see Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 N.Y.3d 839 [2005]). The purported ventilation...

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