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EAST HARLEM MANAGEMENT GROUP, INC. v. SILBERMANN

263 A.D.2d 354 (1999)

692 N.Y.S.2d 377

EAST HARLEM MANAGEMENT GROUP, INC., Respondent, v. EUGENE SILBERMANN, Appellant, et al., Defendants. (And Another Action.)

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

Decided July 1, 1999.

The above-vacated provisions of the preliminary injunction entered against defendant Silbermann were not supported either by a showing of a probability of success on the merits of plaintiff's claim respecting the subject methadone clinic or a showing that the relief was necessary to avoid irreparable harm (see, Aetna Ins. Co. v Capasso, 75 N.Y.2d 860). Indeed, the IAS Court previously found a likelihood of defendant's, not plaintiff...

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