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LOUIS LASKY MEMORIAL MEDICAL AND DENTAL CENTER LLC v. 63 WEST 38TH LLC

5071N, 603739/08.

84 A.D.3d 528 (2011)

924 N.Y.S.2d 324

LOUIS LASKY MEMORIAL MEDICAL AND DENTAL CENTER LLC, Appellant, v. 63 WEST 38TH LLC et al., Defendants, and 63 WEST 38TH STREET DEVELOPMENT LLC, Respondent.

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

Decided May 12, 2011.

The court providently exercised its discretion in denying plaintiff's motion for a preliminary injunction (see Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 N.Y.3d 839, 840 [2005]). Even if plaintiff could show that it was likely to succeed on the merits of its claim for declaratory relief, it failed to demonstrate that its potential damages are not compensable in money and capable of calculation, and thus, that it will suffer irreparable...

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