PLAINTIFF’S OWN TESTIMONY ESTABLISHED IT WAS SEEKING $1.888 MILLION
After its request for a mandatory preliminary injunction was denied by the New York County Supreme Court, plaintiff appealed.
On its review, the Appellate Division, First Department, noted that an injunction may not issue where a party’s damages are “quantifiable” – that is, when the availability of monetary damages will provide sufficient relief to a party, that will typically negate the required “irreparable harm” showing.
Plaintiffs claim that its damages weren’t measurable, was negated by its own testimony that it was seeking to recover $1.888 million.
There was clearly no repairing that.
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DECISION