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ARM v. 2148 OCEAN AVENUE, LLC

31 A.D.3d 355 (2006)

817 N.Y.S.2d 500

STUART B. ARM, Appellant, v. 2148 OCEAN AVENUE, LLC, et al., Respondents.

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

July 5, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court failed to set forth specific findings with respect to the tripartite test for preliminary injunctive relief, which requires that the moving party establish (1) a likelihood of success on the merits, (2) irreparable harm if the injunction is denied, and (3) a balance of the equities in favor of the injunction (see CPLR 6312 [a]; Livas v Mitzner,<...

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