Finegan Family, LLC v. 77 Horatio Street Condominium

Order, Supreme Court, New York County (Richard F. Braun, J.), entered September 5, 2006, which, to the extent appealed from, denied plaintiffs motion for a preliminary injunction and *366granted defendants’ cross motion for a permanent injunction, unanimously affirmed, with costs.

Plaintiff, owner of the two top-floor apartment units, was granted an easement for the use of certain portions of the roof. Defendants decided to replace the roof and directed plaintiff to remove plants and furniture it had placed there. Plaintiff sought to enjoin defendants from taking any actions affecting its use of…