Legal Opinion
LGC USA Holdings, Inc. v. Taly Diamonds, LLC
Appellate Division of the Supreme Court of the State of New York
Decided October 16, 2014No. 13249N 654481/13PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 15, 2014, which, inter alia, denied plaintiffs motion for a preliminary injunction, unanimously affirmed, with costs.
The motion court properly exercised its discretion in denying the preliminary injunction on the ground that the alleged harm is compensable by money damages and therefore is not irreparable (see Doe v Axelrod, 73 NY2d 748, 750 [1988]). Contrary to plaintiffs contention, the provision in the operating agreement entitling a party to specific performance in the event of the other’s breach does not render…
2Cases cited5 opinions
- Doe v. AxelrodNew York Court of Appeals · 1988
- St. Paul Fire & Marine Insurance v. York Claims Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- 1234 Broadway LLC v. West Side SRO Law ProjectAppellate Division of the Supreme Court of the State of New York · 2011
- Seitzman v. Hudson River AssociatesAppellate Division of the Supreme Court of the State of New York · 1987
- Reed Foundation, Inc. v. Franklin D. Roosevelt Four Freedoms Park, LLCAppellate Division of the Supreme Court of the State of New York · 2013
3Cited by3 opinions
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- Spectrum Stamford, LLC v. 400 Atl. Tit., LLCAppellate Division of the Supreme Court of the State of New York · 2018