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KALISCH v. MAPLE TRADE FINANCE CORPORATION

Appellate Division of the Supreme Court of New York, First Department.
Dec 29, 2005

The motion court correctly held that plaintiff fails to show an ownership interest in the stock allocated to the subject apartments that is superior to defendant's security interest therein pledged by her husband as sole owner, and that plaintiff is therefore not likely to succeed on the merits. Plaintiff also fails to show irreparable injury and a balancing of the equities in her favor ( see W.T. Grant Co. v. Srogi, 52 NY2d 496, 517). Indeed, the evidence of irreparable injury and balancing of the equities favors defendant.