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CHAN v. 907 CORP.

Index No. 154242/21, Appeal No. 16213, Case No. 2021-04714.

206 A.D.3d 551 (2022)

168 N.Y.S.3d 836

2022 NY Slip Op 04117

Angelo Chan et al., Respondents, v. 907 Corporation et al., Appellants.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Belkin • Burden • Goldman, LLP, New York (Magda L. Cruz of counsel), for 907 Corporation and the Board of Directors of 907 Corporation, appellants.

Wasserman Grubin & Rogers, LLP, New York (Andrew K. Lipetz of counsel), for Abby Crisses and Andrew Crisses, appellants.

Schwartz Sladkus Reich Greenberg Atlas LLP, New York (Michael E. Fleiss of counsel), for respondents.

Concur—Gische, J.P., Kern, Mazzarelli, Singh, Rodriguez, JJ.

Plaintiffs failed to demonstrate a likelihood of success on the merits of their breach of contract and breach of fiduciary duty claims, irreparable injury in the absence of injunctive relief, or a balance of equities in their favor (see CPLR 6301; Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 N.Y.3d 839, 840 [2005]).

As to the breach of contract claims, the alteration agreement empowers the Co-op and its architect...

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