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CWCAPITAL COBALT VR LTD. v. CWCAPITAL INVS. LLC

8189N. 653277/18.

168 A.D.3d 567 (2019)

90 N.Y.S.3d 887

2019 NY Slip Op 00408

CWCapital Cobalt VR Ltd., Appellant, v. CWCapital Investments LLC et al., Respondents, et al., Defendant.

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

Decided January 22, 2019.

The court did not abuse its discretion in denying a preliminary injunction (Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 N.Y.3d 839, 840 [2005]). Plaintiff did not establish a likelihood of success on the merits, because, even without addressing the various questions surrounding plaintiff's authority under the agreements, it did not take the requisite steps to remove and replace respondents...

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