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CONCOURSE REHABILITATION AND NURSING CENTER, INC., et al., Respondents, v. GRACON ASSOCIATES et al., Appellants.

Plaintiffs demonstrated the requisite likelihood of success on the merits, irreparable injury absent an injunction and balance of the equities in their favor ( see Doe v Axelrod, 73 NY2d 748, 750). If defendants were permitted to treat the lease as terminated, Plaintiff's would lose their substantial interest in real property ( see generally EMF Gen. Contr. Corp. v Bisbee, 6 AD3d 45, 52, lv dismissed 3 NY3d 656, lu denied 3 NY3d 607 ["each parcel of real property is unique"]), although it appears from the record that they were never in arrears by more than a month or two and defendants will not be prejudiced by the injunction ( see J. N. A. Realty Corp. v Cross Bay Chelsea, 42 NY2d 392, 398-400). Concur.

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CONCOURSE REHABILITATION v. GRACON ASSOC
(Jul 2, 2009)