Coinmach Corp. v. Alley Pond Owners Corp.

Decision Date24 January 2006
Docket Number2005-10059.
Citation25 A.D.3d 642,2006 NY Slip Op 00469,808 N.Y.S.2d 418
PartiesCOINMACH CORP., Respondent, v. ALLEY POND OWNERS CORP., Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the order is affirmed, with costs.

This action is a dispute between the defendant landlord, Alley Pond Owners Corp., and the plaintiff commercial tenant, Coinmach Corp., as successor in interest to Coinmach Industries Co. The plaintiff has run its coin-operated laundry business at the subject premises owned by the defendant pursuant to a lease whereby the plaintiff was granted sole and exclusive occupancy of the premises to operate its laundry business and/or provide laundry equipment services to the premises in exchange for an agreed-upon rent. According to the lease, the defendant had a certificate of occupancy for the premises. However, after the plaintiff made a number of substantial renovations to the leased premises, the defendant's attorney advised that his client "lost" the certificate of occupancy, without any other proof to substantiate this representation. For this reason, the defendant has prevented access to the leased premises by the plaintiff and all others. This action ensued, and the Supreme Court granted the plaintiff's motion for a preliminary injunction.

To be entitled to a preliminary injunction, the moving party has the burden of demonstrating (1) a likelihood of success on the merits, (2) irreparable injury absent granting the preliminary injunction, and (3) a balancing of the equities in the movant's favor (see CPLR 6301; Aetna Ins. Co. v Capasso, 75 NY2d 860 [1990]; W.T. Grant Co. v Srogi, 52 NY2d 496 [1981]). The purpose of a preliminary injunction is to maintain the status quo pending determination of the action (see Schweizer v Town of Smithtown, 19 AD3d 682 [2005]; Rattner & Assoc. v Sears, Roebuck & Co., 294 AD2d 346 [2002]). The determination to grant or deny a preliminary injunction rests in the sound discretion of the...

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16 cases
  • Kafarskiy v. Zubli Brothers, Inc., 2008 NY Slip Op 32492(U) (N.Y. Sup. Ct. 8/21/2008), 0011914/2008.
    • United States
    • New York Supreme Court
    • August 21, 2008
    ...(3) that a balancing of equities favors movant's position. See, Aetna Ins. Co. v Capasso, 75 N.Y.2d 860 (1990); Coinmach v Alley Pond Owners Corp., 25 A.D.3d 642 (2nd Dept. 2006); Cruz v. McAneney, 29 A.D.3d 512 (2nd Dept. 2006); Ocean Club v Incorporated Vil. of Atlantic Beach, 6 A.D.3d 59......
  • In Matter of Iskhakbayev v. Mondaca, 2009 NY Slip Op 31838(U) (N.Y. Sup. Ct. 8/3/2009)
    • United States
    • New York Supreme Court
    • August 3, 2009
    ...Co. v Capasso, 75 N.Y.2d 860 (1990); Mar v. Liquid Management Partners, LLC, 62 A.D.3d 762, (2nd Dept. 2009); Coinmach v Alley Pond Owners Corp., 25 A.D.3d 642 (2nd Dept. 2006); Cruz v. McAneney, 29 A.D.3d 512 (2nd Dept. 2006); Ocean Club v Incorporated Vil. of Atlantic Beach, 6 A.D.3d 593 ......
  • Sheriff Officers Assoc., Inc., ex rel. Stasko v. Nassau Cnty.
    • United States
    • New York Supreme Court
    • June 12, 2012
    ...LP v. New York City Dept. of Bldgs., 65 A.D.3d 1051, 1052, 886 N.Y.S.2d 41 (2d Dept., 2009); see Coinmach Corp. v. Alley Pond Owners Corp., 25 A.D.3d 642, 643, 808 N.Y.S.2d 418 [2d Dept., 2006])." (Masjid Usman, Inc. v. Beech 140, LLC, 68 A.D.3d 942,942 - 943, 892 N.Y.S.2d 430 [2d Dept., 20......
  • Inc. v. Mastic Beach Prop. Owners Ass'n, Inc.
    • United States
    • New York Supreme Court
    • January 9, 2013
    ...N.Y.2d 860, 552 N.Y.S.2d 918 [1990];Dixon v. Malouf, 61 AD3d 630, 875 N.Y.S.2d 918 [2d Dept 2009]; Coinmach Corp. v. Alley Pond Owners Corp ., 25 AD3d 642, 808 N.Y.S.2d 418 [2d Dept 2006] ). The purpose of a preliminary injunction is to maintain the status quo and prevent the dissipation of......
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