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GEDNEY SERVICE STATION, INC., Respondent, v. SPOSATO REALTY, LTD., et al., Appellants.

Ordered that the order is affirmed, with costs.

It is well settled that an application for a preliminary injunction requires a showing that (1) the movant is likely to succeed ultimately on the merits, (2) the movant will suffer irreparable injury absent granting the preliminary injunction, and (3) a balancing of the equities favors granting of the preliminary injunction (see, Weissman v. Kubasek, 112 A.D.2d 1086; Barone v. Frie, 99 A.D.2d 129; 7A Weinstein-Korn-Miller, N Y Civ Prac ¶ 6301.13a). In the case at bar, there has been a sufficient showing in the moving papers of these three requirements.

We have considered the defendants' remaining contentions and find them to be without merit. Brown, J.P., Sullivan, Harwood and Rosenblatt, JJ., concur.

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GEDNEY SERV. STATION v. SPOSATO REALTY, LTD
(Jun 19, 1989)