Opinion
13133N Index No. 654851/18 Case No. 2019-5183
02-16-2021
HUGUENOT LLC, Plaintiff–Respondent, v. MEGALITH CAPITAL GROUP FUND I, LP et al., Defendants–Appellants.
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.
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.
Gische, J.P., Moulton, Gonza´lez, Scarpulla, JJ.
Appeal from order, Supreme Court, New York County (Andrew Borrok, J.), entered June 20, 2019, which, inter alia, granted plaintiff's motion for a preliminary injunction, unanimously dismissed, with costs, as moot.
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, Inc. v. Saunders, 285 N.Y. 462, 474, 35 N.E.2d 42 [1941] ). A preliminary injunction is a provisional remedy designed for the "narrow purpose of maintaining the status quo" ( Coinmach Corp. v. Fordham Hill Owners Corp., 3 A.D.3d 312, 314, 770 N.Y.S.2d 310 [1st Dept. 2004] ).
Although we are dismissing the appeal, we do not find that defendants engaged in frivolous conduct in pursuing it.