Hack v. Quis


New York Law Journal


Justice Lawrence Knipel

Hack moved for an injunction enjoining defendants from performing any construction or making alterations to any part of the subject premises, among other things. He claimed he was the owner in fee simple of the property, and sold 30 percent to Quis. Quis failed to make regular payments on the $430,000 note he executed, yet still occupied the third floor of the property. Hack alleged Walker and Dickenson offered $1 million to purchase his 70 percent interest, but failed to obtain financing, pay him any money, or remove their names from the deed. He alleged claims for breach of contract and injunctive relief. Hack argued he demonstrated a likelihood of success on the merits, irreparable injury if the requested relief was not granted, and claimed a balancing of the equities tipped in his favor. Defendants alleged they were the rightful owners, commencing a declaratory judgment action to determine the parties' proportional share in the premises, among other things. The court concluded Hack failed to show a clear right to any of the requirements of a preliminary injunction, noting the facts were contested, and he sought the ultimate relief in this petition that he sought in his complaint. Hence, it denied the motion.

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