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Ronald Benderson 1995 Trust v. Erie County Medical Center Corporation

Ronald Benderson 1995 Trust v. Erie County Medical Center Corporation

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Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (R. Anthony Rupp, III, of Counsel), for Defendant-Appellant. Phillips Lytle LLP, Buffalo (David J. McNamara of Counsel), for Plaintiff-Respondent. Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 2, 2021. The order, among other things, granted plaintiff’s motion insofar as it sought a preliminary injunction. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: Plaintiff commenced this action seeking damages and declaratory and injunctive relief following the alleged breach of a commercial lease between the parties. Thereafter, plaintiff moved for various forms of injunctive relief. Defendant appeals from an order that, inter alia, granted plaintiff’s motion insofar as it sought a preliminary injunction. In reviewing an order deciding a motion for a preliminary injunction, “we should not determine finally the merits of the action and should not interfere with the exercise of discretion by [the motion court] but should review only the determination of whether that discretion has been abused” (Esi-Data Connections v. Proulx, 185 AD2d 705, 705 [4th Dept 1992] [internal quotation marks omitted]; see Delphi Hospitalist Servs. LLC v. Patrick, 163 AD3d 1441, 1441-1442 [4th Dept 2018]). We conclude, on the record before us, that Supreme Court did not abuse its discretion in granting plaintiff’s motion insofar as it sought a preliminary injunction.

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