SONG v. MHM SPONSORS CO.

657460/17, 10177NA, 10177N.

176 A.D.3d 572 (2019)

111 N.Y.S.3d 581

2019 NY Slip Op 07557

Joon Song, Appellant, v. MHM Sponsors Co. et al., Respondents.

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

Decided October 22, 2019.


Attorney(s) appearing for the Case

Desiderio, Kaufman & Metz, PC, New York ( Massimo F. D'Angelo of counsel), for appellant.

Cullen & Dykman LLP, Garden City ( Ryan Soebke of counsel), for MHM Sponsors Co., MHM Sponsors Inc., The Olnick Organization, Inc. and Denise Martorana, respondents.

Braverman Greenspun P.C., New York ( Maria Boboris and Tracy Peterson of counsel), for Chesapeake Owners Corp., Firstservice Residential New York, Inc., Joshua Friedman, Keith Allone and Roger Ancona, respondents.

Concur—Renwick, J.P., Gische, Tom, Gesmer, Moulton, JJ.


The motion court properly granted defendants' respective motions to dismiss the complaint and denied plaintiff's motion to amend as futile (Okoli v Paul Hastings LLP, 117 A.D.3d 539, 540 [1st Dept 2014]). Plaintiff's failure to allege specific irreparable harm was fatal to his request for an injunction (Weaver v Essex Owners Corp., 235 A.D.2d 369, 370 [1st Dept 1997], lv dismissed in...

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