Digestive Liver Disease, P.C. v. Patel

In an action to enforce a restrictive covenant contained in an employment agreement, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated September 26, 2003, denying its motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

A preliminary injunction will not be granted unless the moving party first establishes (1) a likelihood of ultimate success on the merits, (2) that irreparable injury will occur absent a preliminary injunction, and (3) a balancing of the equities favors the movant (see CFLR 6301; W.T. Grant Co. v…