444 EAST 86TH OWNERS CORP. v. 435 EAST 85TH STREET TENANTS CORP.

7205N, 106047/09.

93 A.D.3d 588 (2012)

940 N.Y.S.2d 492

2012 NY Slip Op 2275

444 EAST 86TH OWNERS CORP., Appellant, v. 435 EAST 85TH STREET TENANTS CORP., Respondent.

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

Decided March 27, 2012.


As the court properly found, because there remained a difference of expert opinion regarding the cause and location of the water infiltration to the garage roof, the prior probe order must be continued to determine the party responsible for correcting the continuing water damage. In addition, as the court properly found, even if plaintiff could show that it was likely to succeed on the merits of its claim, it failed to demonstrate irreparable injury in the absence of an injunction...

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