Nobu Next Door, LLC v. Fine Arts Housing

Decision Date05 April 2005
Citation4 N.Y.3d 839,833 N.E.2d 191
PartiesNOBU NEXT DOOR, LLC, Plaintiff, and Nobu Corp., Appellant, v. FINE ARTS HOUSING, INC., Respondent.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

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 (see CPLR 6301; see generally Doe, 73 N.Y.2d at 750, 536 N.Y.S.2d 44, 532 N.E.2d 1272).

Here, in addition to a Yellowstone injunction, plaintiff Nobu Corp. also sought a preliminary injunction tolling its time to exercise the renewal option in its lease (see Waldbaum, 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. Accordingly, that Court did not exceed or abuse its equitable powers in vacating the preliminary injunction.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, affirmed, etc.

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345 cases
  • Trump v. Trump
    • United States
    • New York Supreme Court
    • July 13, 2020
    ...injunctive relief; and (3) a balance of equities in favor of the moving party. See , Nobu Next Door, LLC v. Fine Arts Housing, Inc. ,4 N.Y.3d 839, 800 N.Y.S.2d 48, 833 N.E.2d 191 (2005) ; see also CPLR 6301. It is also important in this matter for the court, in balancing the equities, to be......
  • F.F. On Behalf Children v. State, 4108-19
    • United States
    • New York Supreme Court
    • August 23, 2019
    ...injury in the absence of an injunction and a balance of the equities in its favor" ( Nobu Next Door, LLC v. Fine Arts Hous., Inc. , 4 N.Y.3d 839, 840, 800 N.Y.S.2d 48, 833 N.E.2d 191 [2005] ; accord Rural Community Coalition, Inc. v. Village of Bloomingburg , 118 A.D.3d at 1095, 987 N.Y.S.2......
  • Aon Risk Servs. v. Cusack
    • United States
    • New York Supreme Court
    • December 20, 2011
    ...granting of preliminary injunctive relief, and (3) a balancing of the equities in the movant's favor (CPLR 6301; Nobu Next Door, LLC v. Fine Arts Hous., Inc., 4 N.Y.3d 839 [2005];Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860 [1990] ). Here, Aon has established that it is likely to succeed on the......
  • Blair v. Doyle (In re P. & E. T. Found.)
    • United States
    • New York Supreme Court — Appellate Division
    • April 22, 2022
    ..." ( Cangemi v. Yeager , 185 A.D.3d 1397, 1398, 128 N.Y.S.3d 708 [4th Dept. 2020], quoting Nobu Next Door, LLC v. Fine Arts Hous., Inc. , 4 N.Y.3d 839, 840, 800 N.Y.S.2d 48, 833 N.E.2d 191 [2005] ). With respect to the second requirement, it is well settled that the prospect of irreparable h......
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2 books & journal articles
  • § 14.01 Operation of Condition of Limitation
    • United States
    • Full Court Press Negotiating and Drafting Commercial Leases CHAPTER 14 Conditions of Limitation and Defaults
    • Invalid date
    ...715 N.E.2d 117, 120 (1999).[104] See Nobu Next Door, LLC, et al. v. Fine Arts Housing, Inc., 3 A.D.3d 335, 771 N.Y.S.2d 76 (2004), aff'd 4 N.Y.3d 839, 800 N.Y.S.2d 48, 833 N.E.2d 191 (2005). [105] Lexington Avenue & 42nd St. Corporation v. 380 Lexchamp Operating, Inc., 205 A.D.2d 421, 423, ......
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    • United States
    • Full Court Press Negotiating and Drafting Commercial Leases CHAPTER 14 Conditions of Limitation and Defaults
    • Invalid date
    ...the period of no insurance coverage.'") [2] Nobu Next Door, LLC v. Fine Arts Hous., Inc., 3 A.D.3d 335, 336 (1st Dep't 2004), aff'd, 4 N.Y.3d 839 (2005).[3] Id. [4] See: §§ 10.03 and 13.02[2] supra for discussion of self-help and examples of self-help clauses.[5] In most sophisticated lease......

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