Masjid Usman, Inc. v. Beech 140, LLC

Decision Date15 December 2009
Docket Number2008-10818
Citation892 N.Y.S.2d 430,2009 NY Slip Op 9437,68 A.D.3d 942
PartiesMASJID USMAN, INC., Respondent, v. BEECH 140, LLC, et al., Appellants.
CourtNew York Supreme Court — Appellate Division

Ordered that the order is affirmed insofar as appealed from, with costs.

"The decision to grant a preliminary injunction is a matter ordinarily committed to the sound discretion of the court hearing the motion" (Nelson, L.P. v Jannace, 248 AD2d 448, 448-449 [1998]; see Doe v Axelrod, 73 NY2d 748, 750 [1988]; Automated Waste Disposal, Inc. v Mid-Hudson Waste, Inc., 50 AD3d 1072, 1073 [2008]). Moreover, "`[i]n the absence of unusual or compelling circumstances, [the] court[s] [are] reluctant to disturb said determination'" (Borenstein v Rochel Props., 176 AD2d 171, 172 [1991], quoting After Six v 201 E. 66th St. Assoc., 87 AD2d 153, 155 [1982]). In order to demonstrate entitlement to a preliminary injunction, the movant must establish (1) a probability of success on the merits, (2) the danger of irreparable harm in the absence of injunctive relief, and (3) a balance of the equities in favor of the movant (see Matter of Advanced Digital Sec. Solutions, Inc. v Samsung Techwin Co., Ltd., 53 AD3d 612, 613 [2008]; Montauk-Star Is. Realty Group v Deep Sea Yacht & Racquet Club, 111 AD2d 909, 910 [1985]). A court evaluating a motion for a preliminary injunction must be mindful that "[t]he purpose of a preliminary injunction is to maintain the status quo, not to determine the ultimate rights of the parties" (Matter of Wheaton/TMW Fourth Ave., LP v New York City Dept. of Bldgs., 65 AD3d 1051, 1052; see Coinmach Corp. v Alley Pond Owners Corp., 25 AD3d 642, 643 [2006]).

Contrary to the defendants' contentions, consideration of the foregoing factors supports the Supreme Court's issuance of the preliminary injunction in this case. The plaintiff sustained its burden of establishing a likelihood of success on the merits by its submission of documentary evidence suggesting that its use of the subject premises was lawful and in accordance with the terms of the lease. In this regard, the plaintiff was entitled to a reduced degree of proof with respect to this issue, since the denial of a preliminary injunction in this case would disturb the status quo and likely render the final judgment ineffectual (see North Fork Preserve, Inc. v Kaplan, 31 AD3d 403, 406 [2...

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    ...the Chestnut Ridge Action, which required that court to find a likelihood of success on the merits, see Masjid Usman, Inc. v. Beech 140, LLC, 68 A.D.3d 942, 892 N.Y.S.2d 430, 431 (2009) (noting that a plaintiff seeking preliminary injunctive relief must show, inter alia, a likelihood of suc......
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    ...injunction is to maintain the status quo and not to determine the ultimate rights of the parties (see Masjid Usman, Inc. v. Beech 140, LLC, 68 A.D.3d 942, 942, 892 N.Y.S.2d 430 ; Ying Fung Moy v. Hohi Umeki, 10 A.D.3d 604, 605, 781 N.Y.S.2d 684 ; see also S.P.Q.R. Co., Inc. v. United Rockla......
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    ...injunction is to maintain the status quo, not to determine the ultimate rights of the parties’ " ( Masjid Usman, Inc. v. Beech 140, LLC, 68 A.D.3d 942, 942, 892 N.Y.S.2d 430, quoting Matter of Wheaton/TMW Fourth Ave., LP v. New York City Dept. of Bldgs., 65 A.D.3d 1051, 1052, 886 N.Y.S.2d 4......
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