Fricano v. Georgeades
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed on the law without costs and motion denied. Memorandum: Preliminary injunctive relief is a drastic remedy and will not be granted "unless a clear right thereto is established under the law and the undisputed facts upon the moving papers, and the burden of showing such an undisputed right rests upon the movant” (First Natl. Bank v Highland Hardwoods, 98 AD2d 924, 926).
The conclusory statements proffered by defendant in support of his application lack factual evidentiary detail and do not demonstrate that irreparable harm will result absent injunctive relief. Thus,…
2Cases cited2 opinions
- First National Bank v. Highland Hardwoods, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- A. John Merola, M.D., P. C. v. TelonisAppellate Division of the Supreme Court of the State of New York · 1987