Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

EVANS-FREKE v. SHOWCASE CONTR. CORP

Appellate Division of the Supreme Court of New York, Second Department.
Jan 26, 2004
Important Paras
Please sign up to view Important Paras.
DECISION ORDER

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

To obtain the drastic remedy of a preliminary injunction, a movant must demonstrate (1) a likelihood of success on the merits, (2) irreparable harm if the injunction is denied, and (3) a balance of the equities in favor of granting the injunction ( see Matter of Merscorp, Inc. v. Romaine, 295 A.D.2d 431, 432; Peterson v. Corbin, 275 A.D.2d 35, 37; Laro Maintenance Corp. v. Culkin, 255 A.D.2d 560). Here, the plaintiff failed to establish a clear right to relief under the foregoing standard. Thus, the Supreme Court properly denied his motion for a preliminary injunction.

SANTUCCI, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.