Opinion
October 25, 1990
Appeal from the Supreme Court, Tompkins County (Ellison, J.).
In this action, plaintiff is claiming that defendant is blocking his access to a private drive on his property in violation of a previous court order granting plaintiff a fee to the property and defendant a life use to a portion of the parcel. In our view, Supreme Court did not abuse its discretion in granting plaintiff's request for a preliminary injunction (see, R J Bottling Co. v. Rosenthal, 40 A.D.2d 911). Plaintiff set forth sufficient facts to show a likelihood of success and irreparable injury if the obstruction was to continue, as well as a balancing of the equities in his favor (see, Gambar Enters. v Kelly Servs., 69 A.D.2d 297, 306).
Order affirmed, with costs. Mahoney, P.J., Kane, Casey, Levine and Mercure, JJ., concur.