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OLCOTT v. 308 OWNERS CORP.

Index No. 152644/15. Appeal No. 12730N. Case No. 2020-01088.

189 A.D.3d 687 (2020)

134 N.Y.S.3d 717

2020 NY Slip Op 08006

James Bernard Olcott et al. Respondents, v. 308 Owners Corp., Appellant.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Boyd Richards Parker & Colonnelli, P.L., New York ( Gary S. Ehrlich of counsel), for appellant.

Smith Buss & Jacobs LLP, Yonkers ( John J. Malley of counsel), for respondents.

Concur— Webber, J.P., Mazzarelli, Gesmer, Moulton, González, JJ.

The court providently exercised its discretion in granting plaintiffs' motion for a preliminary injunction as plaintiffs demonstrated a probability of success on the merits, a danger of irreparable injury in the absence of an injunction, and a balancing of the equities in their favor (see Aetna Ins. Co. v Capasso, 75 N.Y.2d 860, 862 [1990]). The cooperative board's decision to deny the...

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