Montauk-Star Island Realty Group, Inc. v. Deep Sea Yacht & Racquet Club, Inc.

Decision Date24 June 1985
Docket NumberMONTAUK-STAR
Citation491 N.Y.S.2d 32,111 A.D.2d 909
PartiesISLAND REALTY GROUP, INC., et al., Appellants, v. DEEP SEA YACHT & RACQUET CLUB, INC., et al., Respondents.
CourtNew York Supreme Court — Appellate Division

Stroock & Stroock & Lavan, New York City (Suozzi, English & Klein, P.C. [Charles G. Moerdler, Laurence Greenwald, Jeffrey G. Stark, Mark E. Klein, Brian M. Cogan and Peter B. Friedman, New York City], of counsel), for appellants.

Bower & Gardner, New York City (Gregory D. Frost and Marsha Weinstein, New York City, of counsel), for respondents.

Before LAZER, J.P., and GIBBONS, THOMPSON and BRACKEN, JJ.

MEMORANDUM BY THE COURT.

In an action, inter alia, for specific performance of a contract for the sale of real property and to recover damages for breach of contract and fraud, plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Molloy, J.), dated April 29, 1985, as, upon reargument of their motion for a preliminary injunction, adhered to the original determination denying the motion.

Order reversed insofar as appealed from, with costs, and upon reargument, so much of the order of the same court dated April 12, 1985, as denied plaintiffs' motion for a preliminary injunction vacated and motion granted to the extent that the defendants are preliminarily enjoined (1) from commencing or prosecuting summary dispossess proceedings, including the proceeding entitled "Deep Sea Yacht and Racquet Club, Inc., petitioner (landlord) v Montauk-East Hampton Development Corp., etc., respondent (tenant)", commenced in the Town of East Hampton Justice Court on April 30, 1985, or any other action or proceeding to evict the plaintiffs from the property which is the subject of this action, and (2) from interfering in any way with the plaintiffs' use and enjoyment of the property until November 30, 1985, upon condition that the plaintiffs file in the office of the Clerk of the Supreme Court, Nassau County, an undertaking with corporate surety pursuant to CPLR 6312(b) in the sum of $86,400, and serve a copy of the same upon the defendants. Plaintiffs' time to file and serve said undertaking is extended until five days after service upon them of a copy of the order to be made hereon, with notice of entry, and the preliminary injunction granted pursuant to CPLR 5518 by order of this court dated May 7, 1985, shall continue during such period. The parties are directed to proceed with the trial of this action forthwith.

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7 cases
  • Pewzner v. Elberg (In re Elberg)
    • United States
    • New York Supreme Court — Appellate Division
    • 1 Agosto 2018
    ...of the preliminary injunction, and (3) that a balancing of equities favors her position (see Montauk–Star Is. Realty Group v. Deep Sea Yacht & Racquet Club, 111 A.D.2d 909, 910, 491 N.Y.S.2d 32 ; Family Affair Haircutters v. Detling, 110 A.D.2d 745, 747, 488 N.Y.S.2d 204 ). However, since C......
  • Burmax Co., Inc. v. B & S Industries, Inc.
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Diciembre 1987
    ...of the preliminary injunction, and (3) that a balancing of equities favors its position (see, Montauk-Star Is. Realty Group v. Deep Sea Yacht & Racquet Club, 111 A.D.2d 909, 910, 491 N.Y.S.2d 32; Family Affair Haircutters v. Detling, 110 A.D.2d 745, 747, 488 N.Y.S.2d The affidavits submitte......
  • Sofolarides v. Estate of Sofolarides
    • United States
    • New York Supreme Court
    • 29 Mayo 2013
    ...of Advanced Digital Sec. Solutions, Inc. v. Samsung Techwin Co., Ltd., 53 AD3d 612 [2d Dept.2008]; Montauk–Star Is. Realty Group v. Deep Sea Yacht & Racquet Club, 111 A.D.2d 909 [2d Dept.1985] ). “A court evaluating a motion for a preliminary injunction must be mindful that the purpose of a......
  • Comfort Adult Day Care Ctr., Inc. v. Miriam Mejia & Happiness Adult Day Care Ctr., Inc.
    • United States
    • New York Supreme Court
    • 17 Febrero 2017
    ...Advanced Digital Sec. Solutions, Inc. v. Samsung Techwin Co., Ltd., 53 AD3d 612 [2d Dept.2008] ; Montauk–Star Is. Realty Group v. Deep Sea Yacht & Racquet Club, 111 A.D.2d 909 [2d Dept.1985] ).Comfort has established the first element as the loss of goodwill, including harm to customer rela......
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