Nobu Next Door, LLC v. Fine Arts Housing

• Decision Date: 05 April 2005
• Citation: 4 N.Y.3d 839,833 N.E.2d 191
• Parties: NOBU NEXT DOOR, LLC, Plaintiff, and Nobu Corp., Appellant, v. FINE ARTS HOUSING, INC., Respondent.
• Court: New York Court of Appeals Court of Appeals

833 N.E.2d 191

4 N.Y.3d 839

NOBU NEXT DOOR, LLC, Plaintiff, and Nobu Corp., Appellant, v.FINE ARTS HOUSING, INC., Respondent.

Court of Appeals of New York.

April 5, 2005.

Wagner Davis, P.C., New York City (Bonnie Reid Berkow of counsel), for appellant.

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (Jeffrey R. Metz of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs; the certified question should be answered in the affirmative.

The decision to grant or deny provisional relief, which requires the court to weigh a variety of factors, is a matter ordinarily committed to the sound discretion of the lower courts.Our power to review such decisions is thus limited to determining whether the lower courts' discretionary powers were exceeded or, as a matter of law, abused (Doe v. Axelrod,73 N.Y.2d 748, 750, 536 N.Y.S.2d 44, 532 N.E.2d 1272[1988]).The party seeking a preliminary injunction must demonstrate a probability of success on the merits, danger of irreparable injury in the absence of an injunction and a balance of equities in its favor (seeCPLR 6301;see generallyDoe,73 N.Y.2d at 750, 536 N.Y.S.2d 44, 532 N.E.2d 1272).

Here, in addition to a Yellowstone injunction, plaintiffNobu Corp. also sought a preliminary injunction tolling its time to exercise the renewal option in its lease (seeWaldbaum, Inc. v. Fifth Ave. of Long Is. Realty Assoc.,85 N.Y.2d 600, 627 N.Y.S.2d 298, 650 N.E.2d 1299[1995];First Natl. Stores v. Yellowstone Shopping Ctr.,21 N.Y.2d 630, 290 N.Y.S.2d 721, 237 N.E.2d 868[1968]).The Appellate Division considered appropriate equitable factors in determining that the balance of the equities did not tip in Nobu Corp.'s favor....