Hazlett v. Rahbar

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered October 13, 2005, which denied plaintiffs motion for a preliminary injunction, unanimously affirmed, without costs.

Even if plaintiff does have—as she alleges for the first time in her appellate brief—a wooden terrace overlooking the garden adjoining her ground-floor apartment, as opposed to simply access to the backyard garden, the court’s denial of a preliminary injunction prohibiting defendant Massud Rahbar, the building owner, from creating a cellar door to the backyard would have been a provident exercise of…