Opinion
February 1, 1999
Appeal from the Supreme Court, Nassau County (Feuerstein, J).
Ordered that the order is affirmed, with costs.
The decision whether to grant a preliminary injunction is a matter ordinarily committed to the sound, discretion of the court hearing the motion ( see, Doe v. Axelrod, 73 N.Y.2d 748, 750; Harbor View Assn. v. Sucher, 237 A.D.2d 488, 490). To obtain a preliminary injunction a movant must demonstrate (1) a likelihood of ultimate success on the merits, (2) irreparable harm unless the injunction is granted, and (3) that the equities are balanced in its favor ( see, Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860, 862; Doe v. Axelrod, supra, at 750; Fulop v. Sea Gate Assn., 214 A.D.2d 536; Betesh v. Jemal, 209 A.D.2d 568, 569). Here, the plaintiff failed to make the necessary showing of a likelihood of success on the merits ( see, Association of Contr. Plumbers v. Contracting Plumbers Assn., 302 N.Y. 495; Allied Maintenance Corp. v. Allied Mech. Trades, 42 N.Y.2d 538; Police Conference v. Metropolitan Police Conference, 66 A.D.2d 441, affd 48 N.Y.2d 780; Bel Paese Sales Co. v. Macri, 99 A.D.2d 740). In addition, the plaintiff failed to show either irreparable harm or that the equities were balanced in its favor.
O'Brien, J. P., Santucci, Joy and Goldstein, JJ., concur.