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MATTER OF EAST RIV. FIFTIES ALLIANCE, INC. v. CITY OF NEW YORK

10535N. 157917/18.

178 A.D.3d 492 (2019)

111 N.Y.S.3d 541

2019 NY Slip Op 08811

In the Matter of East River Fifties Alliance, Inc., et al., Appellants, v. City of New York et al., Respondents, et al., Respondent.

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

Decided December 10, 2019.

Attorney(s) appearing for the Case

Hiller PC, New York (Jason E. Zakai of counsel), for appellants.

Zachary W. Carter, Corporation Counsel, New York (Lorenzo DiSilvio of counsel), for City respondents.

Kramer Levin Naftalis & Frankel LLP, New York (Jeffrey L. Braun of counsel), for Sutton 58 Holding Company, LLC, respondent.

Concur—Friedman, J.P., Kapnick, Kern, Oing, JJ.

The court correctly denied petitioners' motion for a preliminary injunction because petitioners failed to make the requisite clear showing of a likelihood of success on the merits of the petition to annul (see CWCapital Cobalt VR Ltd. v CWCapital Invs. LLC, 168 A.D.3d 567 [1st Dept 2019]). In light of petitioners' failure to make such showing, it is unnecessary to reach the issues of irreparable...

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