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JANET TRANSIT, INC. v. MOTT HAVEN IMPROVEMENT GROUP LP

Index No. 809181/22, Appeal No. 1470M-3962, Case No. 2022-04962.

2024 NY Slip Op 00229

JANET TRANSIT, INC., ET AL., Plaintiffs-Appellants, v. MOTT HAVEN IMPROVEMENT GROUP LP., Defendant-Respondent.

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

Decided January 18, 2024.

Attorney(s) appearing for the Case

Oquendo Deraco PLLC, New York ( Ricardo E. Oquendo of counsel), for appellants.

Hinshaw & Culbertson LLP, New York ( Karena J. Straub of counsel), for respondent.

Before: Kern, J.P., Friedman, González, Shulman, JJ.

Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered on or about September 19, 2022, which denied plaintiffs' motion for a preliminary injunction, unanimously affirmed, with costs.

Supreme Court providently exercised its discretion in denying plaintiffs' motion for a preliminary injunction because plaintiffs failed to demonstrate a likelihood of ultimate success on the merits, irreparable harm, and balancing of the equities in their favor (see Wellbuilt...

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