Legal Opinion
Marders Landscape Store, Inc. v. Barylski
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 2003PublishedCited by 2 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated May 8, 2002, which denied its motion for a preliminary injunction.
Ordered that the order is affirmed, with costs.
It is well settled that to be entitled to a preliminary injunction, a movant must demonstrate a likelihood of success on the merits, irreparable harm in the absence of an injunction, and a balancing of the equities in its favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860 [1990]; Grant Co. v Srogi, 52 NY2d 496 [1981];…
2Cases cited5 opinions
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- Aetna Insurance v. CapassoNew York Court of Appeals · 1990
- Neos v. LaceyAppellate Division of the Supreme Court of the State of New York · 2002
- Skaggs-Walsh, Inc. v. ChmielAppellate Division of the Supreme Court of the State of New York · 1996
- MacIntyre v. Metropolitan Life Insurance CompanyAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by2 opinions
- Automated Waste Disposal, Inc. v. Mid-Hudson Waste, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Di Fabio v. Omnipoint Communications, Inc.Appellate Division of the Supreme Court of the State of New York · 2009