AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

MICHAEL T. GRAZIANO et al., Respondents, v. STEVEN TURIANO et al., Appellants, et al., Defendant. (Action No. 1.) JOAN T. POLLOCK, Respondent,

Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motions for preliminary injunctions are denied.

A preliminary injunction shall not be granted unless the movant establishes (1) the likelihood of ultimate success on the merits, (2) that irreparable injury will occur absent a preliminary injunction, and (3) a balancing of the equities which favors the movant ( see, e.g., Zanghi v State of New York, 204 AD2d 313; Albini v Solork Assocs., 37 AD2d 835). Moreover, "`[preliminary injunctive relief is a drastic remedy that will not be granted unless a clear right to it is established under the law and upon undisputed facts found in the moving papers, and the; burden of showing an undisputed right rests upon the movant'" ( Zanghi v State of New York, supra, at 314). Here, the movants have not met their burden, and therefore, the plaintiff's motions for preliminary injunctions should have been denied.

Use AI to get other relevant cases.

Comments

GRAZIANO v. STEVEN TURIANO
(Sep 30, 1996)