Legal Opinion · Dissent

Herzog Bros. Trucking, Inc. v. State Tax Commission

Appellate Division of the Supreme Court of the State of New York

Decided July 31, 1986Published

1Dissent

Kane and Mikoll, JJ.,

dissent and vote to affirm in a memorandum by Mikoll, J. Mikoll, J. (dissenting). We respectfully dissent.

The issue to be decided on this appeal is whether Special Term properly granted plaintiffs’ motion for a preliminary injunction. "In order to be entitled to a preliminary injunction, the moving party must demonstrate (1) a likelihood of success on the merits, (2) irreparable injury to him if the relief is not granted, and (3) a balancing of the equities in his favor” (Clark v Cuomo, 103 AD2d 244, 245). Appellate review is "limited to determining whether Special Term…

2Cases cited11 opinions

Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
Warren Trading Post Co. v. Arizona Tax CommissionSupreme Court of the United States · 1965
California State Board of Equalization v. Chemehuevi Indian TribeSupreme Court of the United States · 1986

6 more not listed; retrieve them via the Exa API.