McVAY v. WING


303 A.D.2d 727 (2003)

758 N.Y.S.2d 88

SHAMIKA McVAY, Respondent, v. BRIAN J. WING et al., Appellants.

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

Decided March 31, 2003.


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

To obtain a preliminary injunction, a movant must demonstrate a probability of success on the merits, irreparable injury in the absence of injunctive relief, and a balancing of the equities in her favor (see Doe v Axelrod, 73 N.Y.2d 748, 750 [1988]). Here, the plaintiff has failed to demonstrate that she is likely to succeed on the merits...

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