COSMOS STUDIOS v. 41 BLEECKER STREET OWNERS

Plaintiff failed to show a likelihood of ultimate success on the merits, irreparable injury absent an injunction, and a balance of equities in its favor (Koursiaris v Astoria N. Dev., 143 A.D.2d 639). Denial of a preliminary injunction is a matter of the IAS court's discretion (After Six v 201 E. 66th St. Assocs., 87 A.D.2d 153, 155, appeal dismissed 57 N.Y.2d 835), which, given the existence of sharp questions of fact (see, Weil Textiles v Zaretzky, 166 A.D.2d 380), and plaintiff's failure to move with dispatch in seeking the injunction (Straisa Realty Corp. v Woodbury Assocs., 154 A.D.2d 453, 454), was not abused here.

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Smith, JJ.