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PETRO, INC. v. GIFFORD'S FUEL BUYERS GROUP, INC.

258 A.D.2d 450 (1999)

683 N.Y.S.2d 877

PETRO, INC., Doing Business as GIFFORDS ENERGY, and Doing Business as GIFFORDS OIL, Appellant, v. GIFFORD'S FUEL BUYERS GROUP, INC., Doing Business as GIFFORDS FUEL BUYER GROUP, Respondent.

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

Decided February 1, 1999.

Ordered that the order is affirmed, with costs.

The decision whether to grant a preliminary injunction is a matter ordinarily committed to the sound discretion of the court hearing the motion (see, Doe v Axelrod, 73 N.Y.2d 748, 750; Harbor View Assn. v Sucher, 237 A.D.2d 488, 490). To obtain a preliminary injunction a movant must demonstrate (1) a likelihood of ultimate success on...

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