On January 18, 2024, the First Department issued a decision in CMB Export Infrastructure Inv. Group 48, LP v. Motcomb Estates, Ltd., 2024 NY Slip Op. 00223, holding that an injunction was not justified to prevent only money damages, explaining:
The UCC foreclosure sale should not have been preliminarily enjoined. Plaintiff failed to demonstrate irreparable harm. The feared loss of an investment can be compensated in money damages — even where the investment is in real estate, at least where, as here, the plaintiff’s interest therein is commercial, and the harm it fears is the loss of its investment, as opposed to loss of its home or a unique piece of property in which it has an unquantifiable interest.
(Internal quotations and citations omitted).