DECISION ORDER
ORDERED that the cross appeal is dismissed as abandoned, without costs or disbursements (see 22 NYCRR 670.8[c], [e]); and it is further,
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
It is well settled that to prevail on a motion for a preliminary injunction, the moving party must establish: (1) the likelihood of success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) that a balancing of the equities favors the moving party's position (see Bender Ins. Agency v. Treiber Ins. Agency, 283 A.D.2d 448, 449). Since the plaintiffs have an adequate remedy in the form of damages to recover their profits, they failed to make a prima facie showing of irreparable injury absent the granting of preliminary injunctive relief (see Dairy Barn Stores v. Bill's Friendly Auto Serv., 236 A.D.2d 578, 579; Byrne Compressed Air Equip. Co. v. Sperdini, 123 A.D.2d 368, 369). Accordingly, the Supreme Court properly denied the plaintiffs' motion for a preliminary injunction.
FLORIO, J.P., CRANE, COZIER and RIVERA, JJ., concur.