Legal Opinion
Concourse Rehabilitation and Nursing Center, Inc. v. Gracon Associates
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 2009PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered on or about June 13, 2008, which, inter alia, granted plaintiffs’ motion for a preliminary injunction and enjoined defendants from taking any action to terminate plaintiffs’ lease and from holding plaintiffs in violation of the lease terms, unanimously affirmed, with costs.
Plaintiffs demonstrated the requisite likelihood of success on the merits, irreparable injury absent an injunction and balance of the equities in their favor (see Doe v Axelrod, 73 NY2d 748, 750 [1988]). If defendants were permitted to treat the lease…
2Cases cited3 opinions
- Doe v. AxelrodNew York Court of Appeals · 1988
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- EMF General Contracting Corp. v. BisbeeAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by4 opinions
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- Grand Manor Health Related Facility, Inc. v. Hamilton Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- 1414 Holdings, LLC v. BMS-PSO, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- East Fordham DE LLC v. U.S. Bank Natl. Assn.Appellate Division of the Supreme Court of the State of New York · 2019