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MONTGOMERY v. 215 CHRYSTIE LLC

Index No. 158146/20. Appeal No. 16529. Case No. 2022-02049.

209 A.D.3d 587 (2022)

177 N.Y.S.3d 227

2022 NY Slip Op 05955

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

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

Decided October 25, 2022.

Attorney(s) appearing for the Case

Lambert & Shackman, PLLC, New York (Thomas C. Lambert, of counsel) for appellant.

Meister Seelig & Fein LLP, New York (Remy J. Stocks, of counsel) for respondents.

Concur—Webber, J.P., Singh, Moulton, González, Pitt, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about May 13, 2022, which denied plaintiff's motion for a preliminary injunction, unanimously affirmed, without costs.

Plaintiff's motion to enjoin the condominium's hotel from operating its entertainment spaces at what she alleges are "unreasonable noise levels" was properly denied. The harm to plaintiff in maintaining the status quo while awaiting trial on her claims is compensable by measurable...

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