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KEW FOREST NEIGHBORHOOD ASSOCIATION, INC. v. LIEBERMAN

284 A.D.2d 377 (2001)

725 N.Y.S.2d 897

KEW FOREST NEIGHBORHOOD ASSOCIATION, INC., et al., Respondents, v. RITA LIEBERMAN et al., Appellants.

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

Decided June 11, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendants' contention, the Supreme Court properly granted the plaintiffs' application for a preliminary injunction. The plaintiffs established a likelihood of success on the merits, irreparable harm absent the granting of the injunction, and that the balance of the equities is in their favor (see, Aetna Ins. Co. v Capasso, 75 N.Y.2d 860

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