A1 Entertainment v. 27th Street Property

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered August 21, 2008, which denied plaintiffs motion for a preliminary injunction, granted that portion of defendants’ cross motion seeking dismissal of the complaint and denied that portion of the cross motion seeking the imposition of sanctions, unanimously modified, on the law, to declare that there was no merger of estates between defendants 27th Street Property LLC (Property) and 27th Street Lessee LLC (Lessee), and otherwise affirmed, with costs in favor of defendants.

To obtain a preliminary injunction, plaintiff was…