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SOMERS STAINED GLASS CORP. v. SOMERS DESIGNS
Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 2000
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
To prevail on a motion for a preliminary injunction, a movant must demonstrate: (1) a likelihood of success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) a balancing of the equities in its favor ( see, Skaggs-Walsh Inc. v. Chmiel, 224 A.D.2d 680, 681; Family Affair Haircutters v. Detling, 110 A.D.2d 745, 747). As the plaintiff failed to demonstrate either a likelihood of success on the merits or irreparable injury, the Supreme Court properly denied its motion for a preliminary injunction.
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