APPIO v. MEL LYN OFFICE SUPPLYING

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the plaintiffs' motion for a preliminary injunction is denied.

To obtain a preliminary injunction, the movants must show a probability of success on the merits, danger of irreparable injury in the absence of an injunction, and a balance of the equities in their favor (see, Aetna Ins. Co. v Capasso, 75 N.Y.2d 860; Fulop v Sea Gate Assn., 216 A.D.2d 522). Since the plaintiffs could be adequately compensated by damages or could pursue relief under CPLR 6201 (3) for a provisional order of attachment, they failed to show that they would suffer irreparable injury if the injunction were not granted (see, Betesh v. Jemal, 209 A.D.2d 568; Busters Cleaning Corp. v. Frati, 180 A.D.2d 705, 706; Shapiro v. Shorenstein, 157 A.D.2d 833, 835). Thus, the Supreme Court improvidently exercised its discretion in granting the plaintiffs' motion for a preliminary injunction. Mangano, P.J., Miller, Copertino, Santucci and Hart, JJ., concur.