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SHELBORNE BEACH CLUB, INC. v. HELLMAN

49 A.D.2d 933 (1975)

Shelborne Beach Club, Inc., Respondent, v. John E. Hellman, Individually and Doing Business as Stop and Shop Discount Center, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 22, 1975

Order reversed and motion denied, with a direction that this case be tried immediately, with $20 costs and disbursements to abide the event of such trial.

On a motion for a preliminary injunction, the movant must prove three things: (1) the likelihood of its ultimate success on the merits; (2) irreparable injury to it absent the granting of the preliminary injunction; and (3) a balancing of the equities (Albini v Solork Assoc., 37 A.D.2d 835...

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