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LEO CHIAGKOURIS, a/k/a LEO CHIAG KOURIS, plf-res, v. 201 WEST 16 OWNERS CORP., def-ap

3936N. LEO CHIAGKOURIS, a/k/a LEO CHIAG KOURIS, plf-res, v. 201 WEST 16 OWNERS CORP., def-ap — Pryor Cashman LLP, New York (Eric D. Sherman of counsel), for ap — Zingman & Associates PLLC, New York (Mitchell S. Zingman of counsel), for res — Order, Supreme Court, New York County (Robert Reed, J.), entered January 13, 2017, which granted plaintiff's motion for a preliminary injunction, unanimously reversed, on the law and the facts, without costs, and the motion denied.

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3936N. LEO CHIAGKOURIS, a/k/a LEO CHIAG KOURIS, plf-res, v. 201 WEST 16 OWNERS CORP., def-ap — Pryor Cashman LLP, New York (Eric D. Sherman of counsel), for ap — Zingman & Associates PLLC, New York (Mitchell S. Zingman of counsel), for res — Order, Supreme Court, New York County (Robert Reed, J.), entered January 13, 2017, which granted plaintiff’s motion for a preliminary injunction, unanimously reversed, on the law and the facts, without costs, and the motion denied.

We reverse the IAS Court’s grant of the preliminary injunction because plaintiff failed to show irreparable injury absent the injunction (see New York City Off-Track Betting Corp. v. New York Racing Assn., 250 AD2d 437, 437-439 [1st Dept 1998]; O’Hara v. Corporate Audit Co., 161 AD2d 309, 309-310 [1st Dept 1990]). Defendant states — and plaintiff does not dispute — that it cannot recover possession of his apartment unless a court of competent jurisdiction determines that defendant’s notice of termination was valid; in other words, even absent an injunction, plaintiff will be entitled to remain in possession of his apartment pending an adjudication of the merits. Moreover, the issues raised in this proceeding can be raised defensively and adjudicated in a summary proceeding.

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