Where a statute creates a right and prescribes a remedy for its violation, that remedy is exclusive, and neither an action for damages nor for an injunction can be maintained. Civil Rights Law § 41 prescribes a monetary remedy for violations of Civil Rights Law § 40-b, and so plaintiffs are limited to that remedy. The motion court cannot issue a preliminary injunction.
Hutcher v. Madison Sq. Garden Entertainment Corp., NY Slip Op 01646 (1st Dep't March 28, 2023)
