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Schleissner v. 325 West 45 Equities Group

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1994
210 A.D.2d 13 (N.Y. App. Div. 1994)

Opinion

December 1, 1994

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).


The plaintiffs, nonpurchasing tenants in a building converted to cooperative ownership, sought a preliminary injunction prohibiting defendants from denying them access to the roof and its use for recreational purposes. The IAS Court properly denied the motion since quite apart from whether plaintiffs demonstrated a likelihood of success, money damages are an adequate remedy for a reduction in landlord services (see, Goldner v Doknovitch, 88 Misc.2d 88, 91). Accordingly, the plaintiffs did not show the essential element of probable irreparable harm.

We have considered the plaintiffs' remaining arguments and find them to be without merit.

Concur — Ellerin, J.P., Wallach, Asch and Tom, JJ.


Summaries of

Schleissner v. 325 West 45 Equities Group

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 1994
210 A.D.2d 13 (N.Y. App. Div. 1994)
Case details for

Schleissner v. 325 West 45 Equities Group

Case Details

Full title:PETER SCHLEISSNER et al., Appellants, v. 325 WEST 45 EQUITIES GROUP et…

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

Date published: Dec 1, 1994

Citations

210 A.D.2d 13 (N.Y. App. Div. 1994)
618 N.Y.S.2d 804

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