Opinion
July 2, 2009.
Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered on or about June 13, 2008, which, inter alia, granted plaintiffs' motion for a preliminary injunction and enjoined defendants from taking any action to terminate plaintiffs' lease and from holding Plaintiff's in violation of the lease terms, unanimously affirmed, with costs.
Before: Gonzalez, P.J., Tom, Mazzarelli, Andrias and Saxe, JJ.
Plaintiffs demonstrated the requisite likelihood of success on the merits, irreparable injury absent an injunction and balance of the equities in their favor ( see Doe v Axelrod, 73 NY2d 748, 750). If defendants were permitted to treat the lease as terminated, Plaintiff's would lose their substantial interest in real property ( see generally EMF Gen. Contr. Corp. v Bisbee, 6 AD3d 45, 52, lv dismissed 3 NY3d 656, lu denied 3 NY3d 607 ["each parcel of real property is unique"]), although it appears from the record that they were never in arrears by more than a month or two and defendants will not be prejudiced by the injunction ( see J. N. A. Realty Corp. v Cross Bay Chelsea, 42 NY2d 392, 398-400). Concur.