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SUTTON LENOX LLC v. TINTA

Index No. 159981/20. Appeal No. 16490. Case No. 2022-01080.

209 A.D.3d 551 (2022)

175 N.Y.S.3d 224

2022 NY Slip Op 05817

Sutton Lenox LLC, Appellant, v. Ion Tinta et al., Respondents.

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

Decided October 18, 2022.

Attorney(s) appearing for the Case

Wrobel Markham LLP, New York ( Steven I. Fox , of counsel) for appellant.

Urban Justice Center, New York ( Matthew Shapiro , of counsel) and Schulte Roth & Zabel LLP, New York ( Robert E. Griffin , of counsel) for respondents.

Concur—Acosta, P.J., Renwick, Webber, Singh, Moulton, JJ.

Order, Supreme Court, New York County (Shawn T. Kelly, J.), entered on or about June 28, 2021, which denied plaintiff's motion for a preliminary injunction in accordance with CPLR 6301, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying the motion. Plaintiff, the ground-floor lessor of a building, failed to establish a likelihood of success on the merits of its claim that defendants' food carts constituted a nuisance...

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