Opinion
No. 2166 Index No. 651607/23 Case No. 2023-04265
04-30-2024
Kingsbridge 2005, LLC, et al., Appellants, v. Wells Fargo Bank, etc., et al., Respondents.
Morrison Cohen LLP, New York (Aaron B. Lauchheimer of counsel), for appellants. Holland & Knight LLP, New York (David V. Mignardi of counsel), for respondents.
Morrison Cohen LLP, New York (Aaron B. Lauchheimer of counsel), for appellants.
Holland & Knight LLP, New York (David V. Mignardi of counsel), for respondents.
Before: Singh, J.P., Kennedy, Scarpulla, Pitt-Burke, JJ.
Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered August 10, 2020, which denied plaintiffs' motion for a mandatory preliminary injunction, unanimously affirmed, without costs.
Supreme Court providently exercised its discretion in denying plaintiffs' motion for a mandatory preliminary injunction, as plaintiffs failed to establish irreparable harm in the absence of an injunction (see Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 N.Y.3d 839, 840 [2005]; Uber Tech., Inc. v American Arbitration Assn., Inc., 204 A.D.3d 506, 508 [1st Dept 2022]). Here, the availability of quantifiable money damages precludes a finding of irreparable harm (see U.S. Re Cos., Inc. v Scheerer, 41 A.D.3d 152, 155 [1st Dept 2007]); SportsChannel Am. Assoc. v National Hockey League, 186 A.D.2d 417, 418 [1st Dept 1992]).
Plaintiffs' claim that their damages are not quantifiable is belied by their hearing testimony, in which they stated they were seeking $1.888 million in damages. Plaintiffs' contention that their inability to pursue monetary damages under the terms of the loan agreement presents a danger of irreparable harm to them is unavailing. Despite the negative covenant contained in their loan agreement, plaintiffs also assert a cause of action seeking monetary damages for tortious interference with contract.
We have considered plaintiffs' remaining arguments and find them unavailing.