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AmBASE CORPORATION v. SPRUCE CAPITAL PARTNERS LLC

8122. 655031/17.

168 A.D.3d 514 (2019)

91 N.Y.S.3d 411

2019 NY Slip Op 00352

AmBase Corporation et al., Appellants, v. Spruce Capital Partners LLC et al., Respondents.

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

Decided January 17, 2019.

Insofar as plaintiffs seek a preliminary injunction, that remedy is "a legal impossibility," and the appeal is moot (Divito v Farrell, 50 A.D.3d 405, 406 [1st Dept 2008]; see Currier v First Transcapital Corp., 190 A.D.2d 507, 508 [1st Dept 1993] ["an injunction may not issue to prohibit a fait accompli"]). The strict foreclosure that plaintiffs sought to enjoin occurred more than...

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