Rupp Baase Pfalzgraf Cunningham LLC, Buffalo (R. Anthony Rupp, III, of counsel), for defendant-appellant.

Phillips Lytle LLP, Buffalo (David J. McNamara of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 2, 2021. The order, among other things, granted plaintiff's motion insofar as it sought a preliminary injunction.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages and declaratory and injunctive relief following the alleged breach of a commercial lease between the parties. Thereafter, plaintiff moved for various forms of injunctive relief. Defendant appeals from an order that, inter alia, granted plaintiff's motion insofar as it sought a preliminary injunction.

In reviewing an order deciding a motion for a preliminary injunction, "we should not determine finally the merits of the action and should not interfere with the exercise of discretion by [the motion court] but should review only the determination of whether that discretion has been abused" (Esi-Data Connections v Proulx, 185 AD2d 705, 705 [4th Dept 1992] [internal quotation marks omitted]; see Delphi Hospitalist Servs. LLC v Patrick, 163 AD3d 1441, 1441-1442 [4th Dept 2018]). We conclude, on the record before us, that Supreme Court did not abuse its discretion in granting plaintiff's motion insofar as it sought a preliminary injunction. Present—Whalen, P.J., NeMoyer, Curran, Winslow and Bannister, JJ. [Prior Case History: 72 Misc 3d 502.]