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Reade v. Rockaway Crossing, LLC

Appellate Division of the Supreme Court of New York, First Department
May 19, 2005
18 A.D.3d 337 (N.Y. App. Div. 2005)

Opinion

6141N.

May 19, 2005.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered December 20, 2004, which denied plaintiff's motion for a preliminary injunction, unanimously affirmed, with costs.

Before: Saxe, J.P., Marlow, Sullivan, Williams and Gonzalez, JJ., concur.


Defendant landlord allegedly failed to maintain properly the common areas of the shopping center in which plaintiff has rented space pursuant to the parties' 20-year lease agreement. The court providently exercised its discretion when it denied a preliminary injunction to this plaintiff, which failed to demonstrate it would be irreparably injured without such relief ( Wall St. Garage Parking Corp. v. New York Stock Exch., Inc., 10 AD3d 223). Moreover, plaintiff has also failed to demonstrate that it lacks an adequate remedy at law ( id.).


Summaries of

Reade v. Rockaway Crossing, LLC

Appellate Division of the Supreme Court of New York, First Department
May 19, 2005
18 A.D.3d 337 (N.Y. App. Div. 2005)
Case details for

Reade v. Rockaway Crossing, LLC

Case Details

Full title:DUANE READE, Appellant, v. ROCKAWAY CROSSING, LLC, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 19, 2005

Citations

18 A.D.3d 337 (N.Y. App. Div. 2005)
794 N.Y.S.2d 650

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