Kingsbridge 2005, LLC v Wells Fargo Bank, 2024 NY Slip Op 02279 [226 AD3d 620]

April 30, 2024

Appellate Division, First Department

[*1]

Kingsbridge 2005, LLC, et al., Appellants,

v

Wells Fargo Bank et al., Respondents.

Morrison Cohen LLP, New York (Aaron B. Lauchheimer of counsel), for appellants.

Holland & Knight LLP, New York (David V. Mignardi of counsel), for respondents.

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 AD2d 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. Concur—Singh, J.P., Kennedy, Scarpulla, Pitt-Burke, JJ..