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SALVATORE MOLTISANTI plf-res, v. EAST RIVER HOUSING CORPORATION, def-ap

3499. SALVATORE MOLTISANTI plf-res, v. EAST RIVER HOUSING CORPORATION, def-ap — Sills Cummis & Gross P.C., New York (Mitchell D. Haddad of counsel), for ap — Law Office of Allison M. Furman, P.C., New York (Allison M. Furman of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered September 13, 2016, which granted plaintiffs' motion for a preliminary injunction, and implicitly denied defendant's cross motion to dismiss the complaint, unanimously modified, on the law, to deny the motion for a preliminary injunction, and to grant defendant's cross motion to the extent of dismissing plaintiffs' Business Corporation Law §50(c) claim, and otherwise affirmed, without costs.

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3499. SALVATORE MOLTISANTI plf-res, v. EAST RIVER HOUSING CORPORATION, def-ap — Sills Cummis & Gross P.C., New York (Mitchell D. Haddad of counsel), for ap — Law Office of Allison M. Furman, P.C., New York (Allison M. Furman of counsel), for res — Order, Supreme Court, New York County (Joan M. Kenney, J.), entered September 13, 2016, which granted plaintiffs’ motion for a preliminary injunction, and implicitly denied defendant’s cross motion to dismiss the complaint, unanimously modified, on the law, to deny the motion for a preliminary injunction, and to grant defendant’s cross motion to the extent of dismissing plaintiffs’ Business Corporation Law §50(c) claim, and otherwise affirmed, without costs.

Plaintiffs own an apartment in a cooperative building operated by defendant. This dispute concerns plaintiffs’ attempt to build an enclosure on the balcony/terrace attached to their apartment. Plaintiffs sought a preliminary injunction enjoining defendant from compelling them to remove the already constructed enclosure framework, declaring that they are entitled to complete the enclosure, and enjoining defendant from interfering with or otherwise preventing them from completing it. The preliminary injunction should have been denied.

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