Opinion
Argued December 14, 1999
February 17, 2000
In an action to permanently enjoin the defendant Congregacion De Mita of New York, Inc., from proceeding before the Town of Hempstead Board of Zoning Appeals in contravention of a duly-recorded restrictive covenant, and to declare that said restrictive covenant prohibits that defendant's proposed use of the property, the defendant Congregacion De Mita of New York, Inc., appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), entered October 16, 1998, which granted the plaintiffs' motion for a preliminary injunction.
Forchelli, Curto, Schwartz, Mineo, Carlino Cohn, LLP, Mineola, N Y (William F. Bonesso of counsel), for appellant.
Baron Goodsell, New Hyde Park, N.Y. (Jill Sandhass Martinez of counsel), for respondents.
DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
It is well settled that in order to obtain a preliminary injunction, a movant must establish (1) the likelihood of success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) a balancing of the equities in the movant's favor (see, Grant Co. v. Srogi, 52 N.Y.2d 496, 517; Albini v. Solork Assoc., 37 A.D.2d 835). Preliminary injunctive relief will be granted where, as here, the movant establishes a clear right to such relief under the law and the undisputed facts as found in the moving papers (see, Anastasi v. Majopan Realty Corp., 181 A.D.2d 706, 707; County of Orange v. Lackey, 111 A.D.2d 896). Thus, the Supreme Court properly granted the plaintiffs' motion for a preliminary injunction.