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DANA DISTRIB. v. CROWN IMPORTS

Appellate Division of the Supreme Court of New York, Second Department.
Feb 19, 2008
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Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for a preliminary injunction is denied.

To obtain a preliminary injunction, a movant must demonstrate a likelihood of success on the merits, danger of irreparable harm unless the injunction is granted, and a balance of the equities in its favor ( see Skaggs-Walsh, Inc. v Chmiel, 224 AD2d 680; Family Affair Haircutters v Detling, 110 AD2d 745). Here, the plaintiffs failed to submit sufficient proof to show that they would suffer irreparable harm absent the granting of a preliminary injunction ( see Skaggs-Walsh, Inc. v Chmiel, 224 AD2d 680; Family Affair Haircutters v Detling, 110 AD2d 745; Golden v Steam Heat, 216 AD2d 440). Where, as here, a litigant can fully be recompensed by a monetary award, a preliminary injunction will not issue ( see Price Paper Twine Co. v Miller, 182 AD2d 748, 750). Accordingly, the Supreme Court should have denied the plaintiffs' motion for a preliminary injunction.