Brodsky v. City of Rochester

To be entitled to a preliminary injunction, the movant must demonstrate: (1) a likelihood of ultimate success on the merits; (2) irreparable injury absent the granting of the preliminary injunction; and (3) that the equities weigh in his favor (Niagara Recycling v Town of Niagara, 83 AD2d 316, 324; Tucker v Toia, 54 AD2d 322, 324). Plaintiff bears the burden of establishing his undisputed entitlement to a preliminary injunction through the tender of evidentiary proof (Armbruster v Gipp, 103 AD2d 1014; Camardo v Board of Educ., 50 AD2d 1073). Plaintiff has failed to satisfy that burden.

Although…