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HIGHTOWER v. REID

5 A.D.3d 440 (2004)

772 N.Y.S.2d 575

CALLIE HIGHTOWER, Respondent, v. JAMES REID et al., Defendants, and VISTA HOLDING, INC., et al., Appellants.

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

March 8, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Kings County, for the fixing of an appropriate undertaking pursuant to CPLR 6312.

To be entitled to preliminary injunctive relief, the movant must establish (1) the likelihood of success on the merits, (2) irreparable injury absent granting the preliminary injunction, and (3) a balancing of the equities...

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