Motichka v. MP 1291 Trust

136 A.D.3d 445, 23 N.Y.S.3d 892

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 4, 2016
• Docket: 143N 160158/13
• Status: Published

Opinion

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered January 17, 2014, which, after a hearing, denied plaintiff tenant’s motion for a preliminary injunction, unanimously affirmed, without costs.

The motion court providently exercised its discretion in denying the motion (see Doe v Axelrod, 73 NY2d 748, 750 [1988]), where the evidence raises “sharp” issues of fact regarding plaintiff’s noise and odor complaints, and the intent of the parties that drafted a 1999 stipulation (Residential Bd. of Mgrs. of Columbia Condominium v Alden, 178 AD2d 121, 123 [1st Dept 1991]; Lehey v Goldburt, 90 AD3d 410, 411 [1st Dept 2011]). Plaintiff has not made the required showing for a preliminary injunction (see Doe, 73 NY2d at 750).

Concur — Tom, J.P., Friedman, Sweeny, Acosta and Andrias, JJ.