Property · MBE-tested
Joanne Motichka, Appellant, v. MP 1291 Trust et al., Respondents
136 A.D.3d 44523 N.Y.S.3d 892·New York Supreme Court, Appellate Division·2016·NY
Concur — Tom, J.P., Friedman, Sweeny, Acosta and Andrias, JJ.
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Joanne Motichka, Appellant, v MP 1291 Trust et al., Respondents.
[23 NYS3d 892]—
[MAJORITY]
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.