Forty-Seventh-Fifth Co. v. Nektalov

Plaintiff established an adequate basis for injunctive relief, and the motion court erred in holding that plaintiff failed to show a likelihood of success on the merits and that it would not suffer irreparable harm.

On the question of success on the merits, plaintiff submitted sufficient proof, by way of the lease, affidavits, and other submissions, to warrant injunctive relief, and defendants’ opposing arguments were without merit. The existence of an issue as to the lease’s interpretation, i.e., whether the use of "pullers-in” was consistent with the operation of a "first class retail…