Tatum v. Newell Funding, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action for a judgment declaring, in effect, that a certain loan agreement is usurious, void, and unenforceable, the plaintiffs appeal from an order of the Supreme Court, Kings County (Solomon, J.), dated October *9123, 2007, which denied their motion, in effect, for a preliminary injunction enjoining the defendant from selling a certain cooperative apartment unit.
Ordered that the order is affirmed, with costs.
In order to prevail on a motion for a preliminary injunction, the movant must demonstrate by clear and convincing evidence (1) a likelihood of ultimate success on the merits, (2)…
2Cases cited4 opinions
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- Parolisi v. SlavinAppellate Division of the Supreme Court of the State of New York · 2012
- Cooper v. Board of White Sands CondominiumAppellate Division of the Supreme Court of the State of New York · 2011
- Kohn v. FriedmanAppellate Division of the Supreme Court of the State of New York · 2010
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