Legal Opinion
Nobu Next Door, LLC v. Fine Arts Housing, Inc.
New York Court of Appeals
Decided April 5, 2005PublishedCited by 177 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs; the certified question should be answered in the affirmative.
The decision to grant or deny provisional relief, which requires the court to weigh a variety of factors, is a matter ordinarily committed to the sound discretion of the lower courts. Our power to review such decisions is thus limited to determining whether the lower courts’ discretionary powers were exceeded or, as a matter of law, abused (Doe v Axelrod, 73 NY2d 748, 750 [1988]). The party seeking a…
2Cases cited3 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Doe v. AxelrodNew York Court of Appeals · 1988
- Waldbaum, Inc. v. Fifth Avenue of Long Island Realty AssociatesNew York Court of Appeals · 1995
3Cited by177 opinions
- Sterling v. Deutsche Bank Nat'l Trust Co.District Court, S.D. Illinois · 2019
- Eastman Kodak Co. v. CarmosinoAppellate Division of the Supreme Court of the State of New York · 2010
- Gilliland v. Acquafredda Enterprises, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Lombard v. Station Square Inn Apartments Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Arthur J. Gallagher & Co. v. MarcheseAppellate Division of the Supreme Court of the State of New York · 2012
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