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1659 RALPH AVENUE LAUNDROMAT CORP. v. BEN DAVID ENTERPRISES, LLC

307 A.D.2d 288 (2003)

762 N.Y.S.2d 288

1659 RALPH AVENUE LAUNDROMAT CORP., Respondent, v. BEN DAVID ENTERPRISES, LLC, Appellant.

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

Decided July 14, 2003.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for a preliminary injunction enjoining the defendant from obstructing the plaintiff's use of a parking lot located on property owned by the defendant is denied.

A party establishes its entitlement to a preliminary injunction by demonstrating (1) a probability of success on the merits, (2) danger of...

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