Fam.-Friendly Media, Inc. v. Recorder Television Network, 74 A.D.3d 738 (N.Y. App. Div. 2010). · Go Syfert
Fam.-Friendly Media, Inc. v. Recorder Television Network, 74 A.D.3d 738 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 3 distinct courts.
Strongest positive: Kapelyus v. Chai Care LLC (nysupctkings, 2026-03-02)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 24 distinct citers.
cited Cited as authority (rule) Kapelyus v. Chai Care LLC
N.Y. Sup. Kings · 2026 · confidence medium
Network, 74 AD3d 738, 739 [2d Dept 2010] [citations and internal quotation marks omitted]). 3 3 of 5 [* 3] FILED: KINGS COUNTY CLERK 03/02/2026 04:07 PM INDEX NO. 543383/2025 NYSCEF DOC.
cited Cited as authority (rule) Jianqiu Xia v. Finnie
N.Y. Sup. Kings · 2025 · confidence medium
Network, 74 AD3d 738, 739 (2d Dept 3 [* 3] 3 of 6 FILED: KINGS COUNTY CLERK 07/07/2025 03:49 PM INDEX NO. 517654/2025 NYSCEF DOC.
cited Cited as authority (rule) ACE Funding Source LLC v. Lasen Inc
N.Y. Sup. Kings · 2025 · confidence medium
Network, 74 AD3d 738, 739 [2d Dept 201 0] [citations and internal quotation marks omitted]).
cited Cited as authority (rule) Matter of Transport Workers Union of Am. Local 106, Tr. Supervisors Org. v. New York City Tr. Auth.
N.Y. Sup. Kings · 2024 · confidence medium
Network , 74 AD3d 738,739 [2d Dept 2013].).
cited Cited as authority (rule) Matter of Transport Workers Union of Am. Local 106, Tr. Supervisors Org. v. New York City Tr. Auth.
N.Y. Sup. Kings · 2024 · confidence medium
Network , 74 AD3d 738,739 [2d Dept 2013].).
cited Cited as authority (rule) Matter of Bolofsky v. City of New York
N.Y. App. Div. · 2022 · confidence medium
Network , 74 AD3d 738, 739 [2d Dept 2010]).
cited Cited as authority (rule) Liang v. Yi Jing Tan
N.Y. App. Div. · 2017 · confidence medium
Network, 74 AD3d 738, 740 [2010]).
cited Cited as authority (rule) Swartz v. Swartz
N.Y. App. Div. · 2016 · confidence medium
Network, 74 AD3d 738, 740 [2010]; Etzion v Etzion, 62 AD3d 646, 655 [2009]; Leo v Levi, 304 AD2d 621, 623 [2003]).
cited Cited as authority (rule) Empire Wine & Spirits LLC v. New York State Liquor Authority
N.Y. Sup. Ct. · 2014 · confidence medium
Network, 74 AD3d 738, 739 [2d Dept 2010], quoting EdCia Corp. v McCormack, 44AD3d 991, 994 [2d Dept 2007]).
cited Cited as authority (rule) Dhanlaxmi, Inc. v. Schiller
N.Y. App. Div. · 2014 · confidence medium
Network, 74 AD3d 738, 739 [2010]; Gruenfeld v City of New Rochelle, 72 AD3d 1025 [2010]; Rodriguez v DeStefano, 72 AD3d 926 [2010]; Baron v Incorporated Vil. of Freeport, 143 AD2d 792 [1988]).
cited Cited as authority (rule) Malester v. Rampil
N.Y. App. Div. · 2014 · confidence medium
Network, 74 AD3d 738, 739 [2010]; Juseinoski v New York Hosp.
cited Cited as authority (rule) Malester v. Rampil
N.Y. App. Div. · 2014 · confidence medium
Network, 74 AD3d 738, 739 [2010]; Juseinoski v New York Hosp.
cited Cited as authority (rule) Joseph v. Joseph
N.Y. App. Div. · 2013 · confidence medium
Network, 74 AD3d 738, 739-740 [2010]; see also Trump on the Ocean, LLC v Ash, 81 AD3d 713, 716 [2011]; EdCia Corp. v McCormack, 44 AD3d 991, 994 [2007]).
cited Cited as authority (rule) Joseph v. Joseph
N.Y. App. Div. · 2013 · confidence medium
Network, 74 AD3d 738, 739-740 [2010]; see also Trump on the Ocean, LLC v Ash, 81 AD3d 713, 716 [2011]; EdCia Corp. v McCormack, 44 AD3d 991, 994 [2007]).
cited Cited as authority (rule) County of Suffolk v. Givens
N.Y. App. Div. · 2013 · confidence medium
Network, 74 AD3d 738, 739 [2010]; Golden v Steam Heat, 216 AD2d 440, 442 [1995]).
cited Cited as authority (rule) County of Suffolk v. Givens
N.Y. App. Div. · 2013 · confidence medium
Network, 74 AD3d 738, 739 [2010]; Golden v Steam Heat, 216 AD2d 440, 442 [1995]).
cited Cited as authority (rule) Goodwin v. Rice
N.Y. App. Div. · 2013 · confidence medium
Network, 74 AD3d 738, 739 [2010], quoting EdCia Corp. v McCormack, 44 AD3d 991, 994 [2007]).
cited Cited as authority (rule) Goodwin v. Rice
N.Y. App. Div. · 2013 · confidence medium
Network, 74 AD3d 738, 739 [2010], quoting EdCia Corp. v McCormack, 44 AD3d 991, 994 [2007]).
cited Cited as authority (rule) Bank of America, N.A. v. Hillside Cycles, Inc.
N.Y. App. Div. · 2011 · confidence medium
Network, 74 AD3d 738, 739 [2010] ; Tornheim v Blue & White Food Prods.
cited Cited as authority (rule) Radiology Associates of Poughkeepsie, PLLC v. Drocea
N.Y. App. Div. · 2011 · confidence medium
Network, 74 AD3d 738, 739 [2010]; Glorious Temple Church of God in Christ v Dean Holding Corp., 35 AD3d 806, 807 [2006]).
cited Cited as authority (rule) James v. Aircraft Service International Group
N.Y. App. Div. · 2011 · confidence medium
Network, 74 AD3d 738, 739 [2010]; Juseinoski v New York Hosp.
cited Cited as authority (rule) Nicholson v. Bader
N.Y. App. Div. · 2011 · confidence medium
Network, 74 AD3d 738, 739 [2010]; Juseinoski v New York Hosp.
cited Cited as authority (rule) Galasso, Langione & Botter, LLP v. Liotti
N.Y. App. Div. · 2011 · confidence medium
Network, 74 AD3d 738, 739 [2010]).
cited Cited as authority (rule) Trump on the Ocean, LLC v. Ash
N.Y. App. Div. · 2011 · confidence medium
Network, 74 AD3d 738, 739-740 [2010]; Golden v Steam Heat, 216 AD2d 440, 442 [1995]).
Family-Friendly Media, Inc.
v.
Recorder Television Network, Doing Business as AAJ TV
Appellate Division of the Supreme Court of the State of New York.
Jun 1, 2010.
74 A.D.3d 738
Cited by 31 opinions  |  Published

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Sampson, J.), dated June 3, 2009, as denied that branch of its motion which was to dismiss the defendant’s affirmative defenses pursuant to CPLR 3211 (b), denied as premature, without prejudice to renew, that branch of its motion which was for summary judgment on the complaint, and denied that branch of its motion which was, in the alternative, for a preliminary injunction.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the[*739] plaintiffs motion which was to dismiss the defendant’s affirmative defenses pursuant to CPLR 3211 (b). “A party may move for judgment dismissing one or more defenses, on the ground that a defense is not stated or has no merit” (CPLR 3211 [b]; see Greco v Christoffersen, 70 AD3d 769, 771 [2010]; Butler v Catinella, 58 AD3d 145, 147-148 [2008]). “Upon a motion to dismiss a defense, the defendant is entitled to the benefit of every reasonable intendment of its pleading, which is to be liberally construed. If there is any doubt as to the availability of a defense, it should not be dismissed” (Federici v Metropolis Night Club, Inc., 48 AD3d 741, 743 [2008]; see Amerada Hess Corp. v Town of Southold, 39 AD3d 442 [2007]; Warwick v Cruz, 270 AD2d 255 [2000]). Applying these standards, the plaintiff failed to meet its burden of demonstrating that the defendant’s affirmative defenses “were without merit as a matter of law” (Vita v New York Waste Servs., LLC, 34 AD3d 559, 559 [2006]; see Butler v Catinella, 58 AD3d at 148).

CPLR 3212 (f) permits a party opposing summary judgment to obtain further discovery when it appears that facts supporting the position of the opposing party exist but cannot be stated (see Aurora Loan Servs., LLC v LaMattina & Assoc., Inc., 59 AD3d 578 [2009]; Juseinoski v New York Hosp. Med. Ctr. of Queens, 29 AD3d 636, 637 [2006]). Under the circumstances of this case, the Supreme Court properly denied that branch of the plaintiff’s motion which was for summary judgment on the complaint as premature, without prejudice to renew (see Matter of Fasciglione, 73 AD3d 769 [2010]; Baron v Incorporated Vil. of Freeport, 143 AD2d 792, 792-793 [1988]).

A party moving for a preliminary injunction “must demonstrate by clear and convincing evidence ‘(1) a likelihood of ultimate success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) that a balancing of equities favors the movant’s position’ ” (EdCia Corp. v McCormack, 44 AD3d 991, 993 [2007], quoting Apa Sec., Inc. v Apa, 37 AD3d 502, 503 [2007]; see W.T. Grant Co. v Srogi, 52 NY2d 496, 517 [1981]). The movant must show that the irreparable harm is “imminent, not remote or speculative” (Golden v Steam Heat, 216 AD2d 44Q, 442 [1995]). Moreover, “[e]conomic loss, which is compensable by money damages, does not constitute irreparable harm” (EdCia Corp. v McCormack, 44 AD3d at 994). The decision to grant or deny a preliminary injunction lies within the sound discretion of the Supreme Court (see Glorious Temple Church of God in Christ v Dean Holding Corp., 35 AD3d 806, 807 [2006]).

Here, the plaintiff made only conclusory allegations and failed[*740] to point to any imminent and non-speculative harm that would befall it in the absence of a preliminary injunction (see Golden v Steam Heat, 216 AD2d at 442). Moreover, it failed to demonstrate that any harm it would suffer would not be compensable by money damages (see EdCia Corp. v McCormack, 44 AD3d at 994). Accordingly, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was for a preliminary injunction.

In light of the foregoing, we need not reach the plaintiffs remaining contentions. Rivera, J.P., Florio, Angiolillo and Austin, JJ., concur.