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Gedney Service Station, Inc. v. Sposato Realty, Ltd.

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 641 (N.Y. App. Div. 1989)

Opinion

June 19, 1989

Appeal from the Supreme Court, Westchester County (Miller, J.).


Ordered that the order is affirmed, with costs.

It is well settled that an application for a preliminary injunction requires a showing that (1) the movant is likely to succeed ultimately on the merits, (2) the movant will suffer irreparable injury absent granting the preliminary injunction, and (3) a balancing of the equities favors granting of the preliminary injunction (see, Weissman v. Kubasek, 112 A.D.2d 1086; Barone v. Frie, 99 A.D.2d 129; 7A Weinstein-Korn-Miller, N Y Civ Prac ¶ 6301.13a). In the case at bar, there has been a sufficient showing in the moving papers of these three requirements.

We have considered the defendants' remaining contentions and find them to be without merit. Brown, J.P., Sullivan, Harwood and Rosenblatt, JJ., concur.


Summaries of

Gedney Service Station, Inc. v. Sposato Realty, Ltd.

Appellate Division of the Supreme Court of New York, Second Department
Jun 19, 1989
151 A.D.2d 641 (N.Y. App. Div. 1989)
Case details for

Gedney Service Station, Inc. v. Sposato Realty, Ltd.

Case Details

Full title:GEDNEY SERVICE STATION, INC., Respondent, v. SPOSATO REALTY, LTD., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 19, 1989

Citations

151 A.D.2d 641 (N.Y. App. Div. 1989)

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