Cityfront Hotel Associates Limited Partnership v. Starwood Hotels & Resorts Worldwide, Inc.

142 A.D.3d 873, 37 N.Y.S.3d 878

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 27, 2016
• Docket: 1721N 652521/16
• Status: Published

Opinion

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered June 1, 2016, which denied plaintiffs’ motion for a preliminary injunction, unanimously affirmed, with costs.

The court providently exercised its discretion in denying the application to enjoin the announced hotel chain merger for failure to demonstrate that the harm would be irreparable. Plaintiffs’ claimed projected losses all amounted to loss of revenue, which defendants’ expert showed, without contradiction, was calculable (see SportsChannel Am. Assoc. v National Hockey League, 186 AD2d 417, 418 [1st Dept 1992]).

In view of the foregoing, it is unnecessary to address the parties’ contentions regarding the other requisites of preliminary injunctive relief.

Concur — Friedman, J.P., Andrias, Richter, Gische and Kahn, JJ.