Ordered that the order is affirmed insofar as appealed from, with costs.
In order to obtain a preliminary injunction ( see CPLR 6301), the moving party must demonstrate (1) a likelihood of success on the merits, (2) an irreparable injury absent the injunction; and (3) a balancing of the equities in its favor ( see Aetna Ins. Co. v Capasso, 75 NY2d 860; Gerstner v Katz, 38 AD3d 835). Under the circumstances of this case, the issuance of a preliminary injunction was not warranted.