Legal Opinion

Appio v. Mel Lyn Office Supplying

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

Decided December 18, 1995PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover the balance due on several promissory notes, the defendant appeals from an order of the Supreme Court, Suffolk County (D’Emilio, J.), dated August 18, 1994, which granted the plaintiffs’ motion to preliminarily enjoin it from, inter alia, selling any property in which the plaintiffs may have a security interest.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the plaintiffs’ motion for a preliminary injunction is denied.

To obtain a preliminary injunction, the movants must show a probability of success on the merits, danger…

2Cases cited5 opinions

  1. Aetna Insurance v. CapassoNew York Court of Appeals · 1990
  2. Shapiro v. ShorensteinAppellate Division of the Supreme Court of the State of New York · 1990
  3. Betesh v. JemalAppellate Division of the Supreme Court of the State of New York · 1994
  4. Busters Cleaning Corp. v. FratiAppellate Division of the Supreme Court of the State of New York · 1992
  5. Fiore v. ZaldoAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by4 opinions

  1. Leo v. LeviAppellate Division of the Supreme Court of the State of New York · 2003
  2. 39 College Point Corp. v. Transpac Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Schrager v. KleinAppellate Division of the Supreme Court of the State of New York · 1999
  4. Ambulatory Surgery Center v. Helpers of God's Precious Infants, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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