BLINDS AND CARPET GALLERY v. E.E.M. REALTY

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

In order to prevail on a motion for a preliminary injunction, the movant 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 the equities favors the movant's position ( see Tatum v Newell Funding, LLC, 63 AD3d 911, 912; Gluck v Hoary, 55 AD3d 668; Apa Sec, Inc. v Apa, 37 AD3d 502, 503). The decision to grant or deny a preliminary injunction rests in the sound discretion of the Supreme Court ( see Automated Waste Disposal, Inc. v Mid-Hudson Waste, Inc., 50 AD3d 1072, 1073; Ruiz v Meloney, 26 AD3d 485, 486).

Here, the Supreme Court properly denied the plaintiffs' motion for a preliminary injunction because the plaintiffs failed to demonstrate, by clear and convincing evidence, a likelihood of success on the merits ( see Tatum v Newell Funding, LLC, 63 AD3d at 912; Gluck v Hoary, 55 AD3d at 668) or that they would suffer irreparable injury if the preliminary injunction was not granted ( see Dixon v Malouf, 61 AD3d 630; Automated Waste Disposal, Inc. v Mid-Hudson Waste, Inc., 50 AD3d at 1073; Matos v City of New York, 21 AD3d 936, 937; 1659 Ralph Ave. Laundromat Corp. v Ben David Enters., 307 AD2d 288, 289).