Decided July 21, 2009
Before Mazzarelli, J.P., Saxe, Friedman, Acosta, DeGrasse, JJ.
Defendant appeals from an order of the Supreme Court, New York County (Karla Moskowitz, J.), entered November 26, 2007, which, insofar as appealed from, confirmed a prior order, same court and Justice, entered August 17, 2007, to the extent that order granted plaintiff a mandatory preliminary injunction directing defendant to permit plaintiff to install a new kitchen exhaust vent and fan on the roof of defendant’s building, to install ductwork connecting plaintiff’s kitchen equipment in the demised premises to the aforementioned vent and fan on the roof, and to install an air conditioning unit on the roof, to execute work permit applications for such work, all to be done in accordance with certain plans in the record.
Finkelstein Newman Ferrara LLP, New York (Barry Gottlieb and Jonathan H. Newman of counsel), for appellant.
