IN THE SUPREME COURT OF THE STATE OF DELAWARE
NISTAZOS HOLDINGS, LLC, §
§ No. 481, 2016
Plaintiff Below, §
Appellant, § Court Below—Court of Chancery of
§ the State of Delaware
v. §
§ C.A. No. 11859
MILFORD PLAZA ENTERPRISES, §
LLC, §
§
Defendant Below, §
Appellee. §
Submitted: September 26, 2016
Decided: September 29, 2016
Before VALIHURA, VAUGHN and SEITZ, Justices.
ORDER
This 29th day of September 2016, it appears to the Court that:
(1) We have before us an application for interlocutory review of a Court
of Chancery August 31, 2016 teleconference ruling denying preliminary injunctive
relief in a case involving a commercial lease agreement. In a detailed order dated
September 26, 2016, the Court of Chancery carefully considered the relevant
factors of Supreme Court Rule 42(b) and explained why interlocutory review of its
August 31 decision was not warranted.
(2) This Court gives considerable weight to a trial judge’s thoughtful
consideration of the Rule 42(b) factors. For the reasons stated in the Court of
Chancery’s well-reasoned order of September 26, 2016, the Court determines in its
discretion that the application for interlocutory review does not meet the
requirements of Rule 42(b) and should be refused.
NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory
appeal is REFUSED.
BY THE COURT:
/s/ James T. Vaughn, Jr.
Justice
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