Justice Sylvia G. Ash


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Plaintiffs brought a class action on behalf of themselves and all other individuals who were disabled or 62 years of age or older when they resided in a New York City rental building that was converted into a condominium or a cooperative during their tenancy. Plaintiffs moved for a preliminary injunction enjoining defendants from, among other things, giving possession of apartments, which had been previously occupied by tenants who were disabled and/or were 62 or older, to any prospective buyers or third-party individuals, from otherwise taking steps to frustrate or prevent the members of the protected class of tenants from re-occupying the apartments in which they had once resided. The court denied plaintiffs’ motion for a preliminary injunction in its entirety determining, among other things, that all of plaintiffs’ claims are predicated upon and rely upon alleged contractual terms in the parties’ offering plan that do not actually exist. The court further determined that the documentary evidence of the offering plan, which sets forth the rights and duties of the parties, prevails over plaintiffs’ mere allegations in their complaint, which contradict the offering plan’s actual terms.