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TRUMP v. PERLEE

228 A.D.2d 367 (1996)

644 N.Y.S.2d 270

Donald J. Trump, Appellant, v. Jeffrey S. Perlee et al., Respondents

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

June 25, 1996

The motion court properly found that petitioner was not entitled to a preliminary injunction as he failed to demonstrate a likelihood of success on the merits (see, Grant Co. v Srogi, 52 N.Y.2d 496, 517). The statute and regulations creating the lottery game (L 1995, ch 2, §§ 94-a — 94-g; 21 NYCRR part 2835) are presumed constitutional, which presumption was not rebutted by petitioner beyond a reasonable doubt...

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