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REAL WORLD HOLDINGS LLC v. 393 W. BROADWAY CORP.

Index No. 160732/15. Appeal No. 15671. Case No. 2021-03820.

204 A.D.3d 425 (2022)

163 N.Y.S.3d 807

2022 NY Slip Op 02241

Real World Holdings LLC, Appellant, v. 393 West Broadway Corporation et al., Respondents.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Lane Crowell LLP, Larchmont (J. Mark Lane, of counsel) for appellant.

Boyd Richards Parker & Colonnelli, New York (Jacqueline L. Aiello, of counsel) for respondents.

Concur—Webber, J.P., Singh, González, Kennedy, Higgitt, JJ.

Supreme Court providently exercised its discretion in denying the motion, which was based upon the causes of action alleging trespass due to asbestos contamination. A mandatory injunction requiring the coop to perform asbestos remediation "would upset, rather than maintain, the status quo and would effectively grant the ultimate relief sought" in the 17th cause of action (Moltisanti v East Riv. Hous. Corp., 149 A.D.3d 530, 531 [1st...

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