Commercial Division Blog
Posted: October 2, 2016 / Categories Commercial, Injunctions Attachments and Other Preliminary Remedies
No Irreparable Harm Justifying Injunction When Damages Calculable
On September 27, 2016, the First Department issued a decision in Cityfront Hotel Assoc. Ltd. Partnership v. Starwood Hotels & Resorts Worldwide, Inc., 2016 NY Slip Op. 06164, affirming the denial of an injunction because of the failure to allege irreparable harm, explaining:
The court providently exercised its discretion in denying the application to enjoin the announced hotel chain merger for failure to demonstrate that the harm would be irreparable. Plaintiffs' claimed projected losses all amounted to loss of revenue, which defendants' expert showed, without contradiction, was calculable.
(Internal quotations and citations omitted).