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EVANS-FREKE v. SHOWCASE CONTR. CORP
Appellate Division of the Supreme Court of New York, Second Department.
Jan 26, 2004
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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.
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