DELTA FRANCHISING, INC. v. PCP TRANSMISSIONS, INC.


107 A.D.2d 734 (1985)

Delta Franchising, Inc., et al., Appellants-Respondents, v. PCP Transmissions, Inc., et al., Respondents-Appellants, et al., Defendants

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

January 22, 1985


Order affirmed, insofar as appealed from, without costs or disbursements.

In view of the conflicting evidence in the record, it is impossible to ascertain which position the balance of equities favors. Moreover, defendants have failed to demonstrate the likelihood of ultimate success on the merits. Accordingly, their application for preliminary injunctive relief was properly denied (see Niagara Recycling v Town of Niagara, 83 A.D.2d 316

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