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KHAN v. STATE UNIVERSITY OF NEW YORK HEALTH SCIENCE CENTER AT BROOKLYN

271 A.D.2d 656 (2000)

706 N.Y.S.2d 192

MAHMOOD KHAN, Respondent, v. STATE UNIVERSITY OF NEW YORK HEALTH SCIENCE CENTER AT BROOKLYN, Appellant.

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

Decided April 24, 2000.

Ordered that the order is reversed, with costs, and the motion is denied.

It is well settled that a preliminary injunction may be granted under CPLR article 63 only if the party seeking such relief has demonstrated (1) the likelihood of success on the merits, (2) the prospect of irreparable injury if the provisional relief is withheld, and (3) a balancing of the equities weighing in favor of the moving party (see, CPLR 6301; Bartlett Tree Expert Co. v Katz...

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