Opinion
15067 Index No. 158146/20 Case No. 2020–04623
01-13-2022
Catherine MONTGOMERY, Plaintiff–Appellant, v. 215 CHRYSTIE LLC, et al., Defendants–Respondents.
Lambert & Shackman, PLLC, New York (Thomas Charles Lambert of counsel), for appellant. Meister Seelig & Fein LLP, New York (Remy J. Stocks of counsel), for respondents.
Lambert & Shackman, PLLC, New York (Thomas Charles Lambert of counsel), for appellant.
Meister Seelig & Fein LLP, New York (Remy J. Stocks of counsel), for respondents.
Acosta, P.J., Manzanet–Daniels, Gonza´lez, Mendez, Rodriguez, JJ.
Order, Supreme Court, New York County (David B. Cohen, J.) entered on or about October 23, 2020, which denied plaintiff's motion for a preliminary injunction, unanimously affirmed, without costs.
Plaintiff's motion was properly denied because the preliminary injunction she seeks is tantamount to the ultimate relief sought on the first cause of action (see Jones v. Park Front Apts., LLC, 73 A.D.3d 612, 901 N.Y.S.2d 46 [1st Dept. 2010] ). In addition, the evidence supports defendants' contention that the harm to plaintiff in maintaining the status quo while awaiting trial on her claims is compensable by measurable money damages and therefore not irreparable (see Louis Lasky Mem. Med. & Dental Ctr. LLC v. 63 W. 38th LLC, 84 A.D.3d 528, 924 N.Y.S.2d 324 [1st Dept. 2011] ). Defendants provided plaintiff with a hotel room while they sought to remediate the noise, and plaintiff has not complained of unreasonable noise in her second bedroom.