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SHAYNE v. GUELPA

38 A.D.3d 877 (2007)

831 N.Y.S.2d 343

ANDREW SHAYNE, Appellant, v. STEPHANIE GUELPA et al., Respondents.

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

Decided March 27, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that the plaintiff failed to demonstrate a probability of success on the merits and a balancing of the equities in his favor, two of the requirements that must be shown to prevail on a motion for a preliminary injunction (see CPLR 6301; Aetna Ins. Co. v Capasso, 75 N.Y.2d 860, 862 [1990...

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