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Supreme Court, Appellate Division, First Department, New York.

The TENNIS EDGE INC., etc., Plaintiff–Appellant, v. STADIUM RACQUET CLUB, Defendant–Respondent.

Decided: May 13, 2003

BUCKLEY, P.J., ANDRIAS, SAXE, LERNER and MARLOW, JJ. Anthony F. LeCrichia, for Plaintiff–Appellant. Janet DeLuca, for Defendant–Respondent.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered December 6, 2002, which, in an action by a tennis instructor against a tennis club purporting to seek a declaration that “[defendant] cannot terminate the [parties'] agreement,” denied plaintiff's motion for a preliminary injunction prohibiting defendant from excluding plaintiff from its facility, unanimously affirmed, without costs.

There is no merit to plaintiff's claim that its exclusion from defendant's facility will cause it irreparable harm because it will not be able to market itself for the upcoming season or engage another facility.   The parties have a contract for a definite term of years that sets forth a schedule of fees that plaintiff is to pay defendant for various instructional services at its facility.   If defendant is not paying those fees or otherwise not performing its end of the bargain, plaintiff's remedy is damages for breach of contract.   No reason appears why that remedy is inadequate (see Scotto v. Mei, 219 A.D.2d 181, 184, 642 N.Y.S.2d 863).