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MOTICHKA v. MP 1291 TRUST

143N, 160158/13.

136 A.D.3d 445 (2016)

23 N.Y.S.3d 892

2016 NY Slip Op 00776

JOANNE MOTICHKA, Appellant, v. MP 1291 TRUST et al., Respondents.

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

Decided February 4, 2016.

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered January 17, 2014, which, after a hearing, denied plaintiff tenant's motion for a preliminary injunction, unanimously affirmed, without costs.

The motion court providently exercised its discretion in denying the motion (see Doe v Axelrod, 73 N.Y.2d 748, 750 [1988]), where the evidence raises "sharp" issues of fact regarding plaintiff's noise and odor complaints...

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