Edgeworth Food Corp. v. Stephenson

Order, Supreme Court, New York County, entered April 21, 1976, denying plaintiffs motion for a preliminary injunction, is unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Plaintiff has failed to show a clear right to the drastic remedy of preliminary injunction. (Park Terrace Caterers v McDonough, 9 AD2d 113, 114.) There are questions as to whether time was of the essence in this contract and whether plaintiff was able and willing to perform on the stipulated closing date. Furthermore, the balance of convenience and relative hardship—the…