TOWN OF BROOKHAVEN v. SCHMELZER


289 A.D.2d 397 (2001)

734 N.Y.S.2d 900

TOWN OF BROOKHAVEN, Respondent, v. GEORGE SCHMELZER et al., Appellants, et al., Defendant.

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

Decided December 17, 2001.


Ordered that the order is affirmed, with costs.

Contrary to the appellants' contention, the Supreme Court properly granted the plaintiff's application for a preliminary injunction. The plaintiff 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 its favor (see, Grant Co. v Srogi, 52 N.Y.2d 496, 517; cf., Aetna Ins. Co. v...

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