Legal Opinion

Alexandru v. Pappas

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

Decided December 1, 2009PublishedCited by 6 opinions

1Opinion of the Court

*691“The party seeking a preliminary injunction must demonstrate a probability of success on the merits, danger of irreparable injury in the absence of an injunction and a balance of equities in its favor” (Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 NY3d 839, 840 [2005]). The purpose of a preliminary injunction is to preserve the status quo and to prevent the dissipation of property, which might make a judgment ineffectual (see Rattner & Assoc. v Sears, Roebuck & Co., 294 AD2d 346 [2002]). “The determination to grant or deny a preliminary injunction rests in the sound discretion of the…

2Cases cited4 opinions

  1. Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
  2. Coinmach Corp. v. Alley Pond Owners Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Rattner & Associates v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Yemini v. GoldbergAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by6 opinions

  1. 115-41 St. Albans Holding Corp. v. Estate of HarrisonAppellate Division of the Supreme Court of the State of New York · 2010
  2. Lindbergh v. SHLO 54, LLCAppellate Division of the Supreme Court of the State of New York · 2015
  3. Jbbny, LLC v. BegumAppellate Division of the Supreme Court of the State of New York · 2017
  4. Cooper v. Board of White Sands CondominiumAppellate Division of the Supreme Court of the State of New York · 2011
  5. Commissioner of the N.Y. State Dept. of Transp. v. PoliteAppellate Division of the Supreme Court of the State of New York · 2024

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