Esi-Data Connections, Inc. v. Proulx

— Order unanimously affirmed without costs. Memorandum: "[I]n reviewing an order denying a motion for preliminary injunction, we should not determine finally the merits of the action and 'should not interfere with the exercise of discretion by Special Term’ but should review only the determination of 'whether that discretion has been abused’ ” (Niagara Recycling v Town of Niagara, 83 AD2d 316, 324). On such an application, plaintiff bears the burden of demonstrating its entitlement to the relief sought through the tender of evidentiary proof (Brodsky v City of Rochester, 142 AD2d 1002, 1003).…