Court Denies Injunction Because Money Damages Could Make the Movant Whole

On May 12, 2022, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2022 NY Slip Op. 31589(U), denying a motion for an injunction because money damages could make the movant whole, explaining:

Arad fails to satisfy the second prong, regarding irreparable injury. Even assuming Arad were to prevail on the merits, there has been no showing that Arad could not be adequately compensated by money damages. Typically, damages compensable in money and capable of calculation, albeit with some difficulty, are not irreparable harm for purposes of determining whether party is entitled to preliminary injunction. Arad has not demonstrated on this motion any unique factual circumstances that
would compel this court to deviate from the application of the general rule.

(Internal citations omitted).

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