SCHWEIZER v. TOWN OF SMITHTOWN


19 A.D.3d 682 (2005)

798 N.Y.S.2d 99

STEVEN R. SCHWEIZER, Appellant, v. TOWN OF SMITHTOWN, Respondent.

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

June 27, 2005.


Ordered that the order dated December 30, 2003, is affirmed; and it is further,

Ordered that the order and judgment dated March 31, 2004, is affirmed insofar as appealed from, for reasons stated by Justice Loughlin in the Supreme Court; and it is further,

Ordered that one bill of costs is awarded to the respondent.

To be entitled to a preliminary injunction, a movant must establish (1) the likelihood of success on the merits, (2) irreparable injury...

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