MARDERS THE LANDSCAPE STORE, INC. v. BARYLSKI


303 A.D.2d 465 (2003)

756 N.Y.S.2d 429

MARDERS THE LANDSCAPE STORE, INC., Appellant, v. PETER BARYLSKI, Respondent.

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

Decided March 10, 2003.


Ordered that the order is affirmed, with costs.

It is well settled that to be entitled to a preliminary injunction, a movant must demonstrate a likelihood of success on the merits, irreparable harm in the absence of an injunction, and a balancing of the equities in its favor (see Aetna Ins. Co. v Capasso, 75 N.Y.2d 860 [1990]; Grant Co. v Srogi, 52 N.Y.2d 496 [1981]; CPLR 6301, 6312...

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