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MONTGOMERY v. 215 CHRYSTIE LLC

158146/20. Appeal No. 15067. Case No. 2020-04623.

201 A.D.3d 503 (2022)

156 N.Y.S.3d 855

2022 NY Slip Op 00253

Catherine Montgomery, Appellant, v. 215 Chrystie LLC et al., Respondents.

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

Decided January 13, 2022.

Attorney(s) appearing for the Case

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.

Concur— Acosta, P.J., Manzanet-Daniels, González, Mendez, Rodriguez, JJ.

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 [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...

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