Opinion
353N
March 4, 2003.
Order, Supreme Court, New York County (Marcy Friedman, J.), entered August 16, 2002, which denied petitioner's application pursuant to CPLR 7502(c) for an injunction in aid of arbitration, unanimously affirmed, without costs.
Charles W. Segal, for petitioner-appellant.
Martin H. Kaplan, for respondents-respondents.
Before: Andrias, J.P., Saxe, Rosenberger, Williams, Gonzalez, JJ.
Contrary to petitioner's argument, the criteria for provisional relief set forth in CPLR articles 62 and 63 are not relaxed when such relief is sought in aid of arbitration pursuant to CPLR 7502(c) (see Matter of Cullman Ventures, Inc., 252 A.D.2d 222, 230; New York City Off-Track Betting Corp. v. New York Racing Assn., Inc., 250 A.D.2d 437;Koob v. IDS Fin. Servs., Inc., 213 A.D.2d 26, 32; and see SG Cowen Secs. Corp. v. Messih, 224 F.3d 79, 83). Applying those criteria, it is plain that petitioner's application for an injunction was properly denied, since, inter alia, petitioner failed to demonstrate that he is likely to prevail on the merits of the dispute that is to be arbitrated.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.