Legal Opinion
Holdsworth v. Doherty
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 1996PublishedCited by 2 opinions
1Opinion of the Court
Order unanimously reversed on the law with costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs’ motion for a preliminary injunction. Plaintiffs failed to meet their burden of demonstrating, by competent proof (see, Faberge Intl, v Di Pino, 109 AD2d 235, 240), their likelihood of success on the merits, irreparable injury in the absence of injunctive relief and that the equities weigh in their favor (see, Sutton, DeLeeuw, Clark & Darcy v Beck, 155 AD2d 962). "A party moving for a preliminary injunction need not establish a certainty of success on the merits (see,…
2Cases cited7 opinions
- Tucker v. ToiaAppellate Division of the Supreme Court of the State of New York · 1976
- Faberge International, Inc. v. Di PinoAppellate Division of the Supreme Court of the State of New York · 1985
- Catalogue Service of Westchester, Inc. v. HenryAppellate Division of the Supreme Court of the State of New York · 1985
- Parkmed Co. v. Pro-Life Counselling, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Sutton, DeLeeuw, Clark & Darcy v. BeckAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by2 opinions
- Genesis II Hair Replacement Studio, Ltd. v. VallarAppellate Division of the Supreme Court of the State of New York · 1998
- Glazer v. BrownAppellate Division of the Supreme Court of the State of New York · 2008