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IRON MOUNTAIN INFO. v. PULLMAN

Appellate Division of the Supreme Court of New York, Second Department.
Jun 19, 2007
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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.