KINGSBRIDGE 2005 LLC v. WELLS FARGO BANK (2024)

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered August 10, 2020, which denied plaintiffs’ motion for a mandatory preliminary injunction, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying plaintiffs’ motion for a mandatory preliminary injunction, as plaintiffs failed to establish irreparable harm in the absence of an injunction (see Nobu Next Door, LLC v. Fine Arts Hous., Inc., 4 NY3d 839, 840 [2005];  Uber Tech., Inc. v. American Arbitration Assn., Inc., 204 AD3d 506, 508 [1st Dept 2022]).  Here, the availability of quantifiable money damages precludes a finding of irreparable harm (see U.S. Re Cos., Inc. v. Scheerer, 41 AD3d 152, 155 [1st Dept 2007]);  SportsChannel Am. Assoc. v. National Hockey League, 186 A.D.2d 417, 418 [1st Dept 1992]).

Plaintiffs’ claim that their damages are not quantifiable is belied by their hearing testimony, in which they stated they were seeking $1.888 million in damages.  Plaintiffs’ contention that their inability to pursue monetary damages under the terms of the loan agreement presents a danger of irreparable harm to them is unavailing.  Despite the negative covenant contained in their loan agreement, plaintiffs also assert a cause of action seeking monetary damages for tortious interference with contract.

We have considered plaintiffs’ remaining arguments and find them unavailing.