L & M 353 Franklyn Ave., LLC v S. Land Dev., LLC
2012 NY Slip Op 06064 [98 AD3d 721]
August 29, 2012
Appellate Division, Second Department
As corrected through Wednesday, September 26, 2012


L& M 353 Franklyn Avenue, LLC, Appellant,
v
S. LandDevelopment, LLC, Respondent.

—[*1]Tsyngauz & Associates, P.C., New York, N.Y. (Yevgeny Tsyngauz of counsel), forappellant.

Crawford & Bringslid, Attorneys at Law, P.C., Staten Island, N.Y. (Kerri L. Bringslid ofcounsel), for respondent.

In an action to permanently enjoin the defendant, inter alia, from doing any underpinning orconstruction work on the plaintiff's property, the plaintiff appeals, as limited by letter dated May23, 2012, from so much of an order of the Supreme Court, Kings County (Partnow, J.), datedSeptember 20, 2011, as denied its motion for a preliminary injunction and its cross motion for,among other things, summary judgment on the complaint.

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

"To obtain a preliminary injunction, a movant must establish (1) a likelihood of success onthe merits, (2) irreparable injury absent a preliminary injunction, and (3) a balancing of theequities in the movant's favor" (91-54Gold Rd., LLC v Cross-Deegan Realty Corp., 93 AD3d 649, 649 [2012]; see Lombard v Station Sq. Inn Apts.Corp., 94 AD3d 717 [2012]). Further, "[a] permanent injunction is a drastic remedywhich may be granted only where the plaintiff demonstrates that it will suffer irreparable harmabsent the injunction" (Parry vMurphy, 79 AD3d 713, 715 [2010] [internal quotation marks omitted]). "Irreparableinjury, for purposes of equity, has been held to mean any injury for which money damages areinsufficient" (Di Fabio v OmnipointCommunications, Inc., 66 AD3d 635, 636-637 [2009] [internal quotation marksomitted]).

Here, the plaintiff failed to demonstrate that it would suffer irreparable injury in the absenceof injunctive relief. Therefore, the Supreme Court properly denied its motion for a preliminaryinjunction and its cross motion, inter alia, for summary judgment on the complaint (see Parryv Murphy, 79 AD3d at 715).

The plaintiff's remaining contentions are either not properly before us or without merit.Mastro, A.P.J., Angiolillo, Austin and Sgroi, JJ., concur.


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