HUGUENOT LLC v. MEGALITH CAPITAL GROUP FUND I, LP

Index No. 654851/18. Appeal No. 13133N. Case No. 2019-5183.

191 A.D.3d 530 (2021)

138 N.Y.S.3d 337

2021 NY Slip Op 00997

Huguenot LLC, Respondent, v. Megalith Capital Group Fund I, LP, et al., Appellants.

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

Decided February 16, 2021.


Attorney(s) appearing for the Case

Adam Leitman Bailey, P.C., New York ( Israel A. Katz of counsel), for appellants.

Rosenberg & Estis, P.C., New York ( Deborah E. Riegel of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.


As plaintiff has agreed to vacate the preliminary injunction, which has been stayed by this Court, there is no present justiciable controversy, and defendants are no longer aggrieved by the order. We note that the grant or denial of a motion for a preliminary injunction "does not constitute the law of the case or an adjudication on the merits, and the issues must be tried to the same extent as though no temporary injunction had been applied for" (Walker Mem. Baptist Church...

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