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CITY OF LONG BEACH v. STERLING AMERICAN CAPITAL, LLC

40 A.D.3d 902 (2007)

837 N.Y.S.2d 572

CITY OF LONG BEACH, Appellant, v. STERLING AMERICAN CAPITAL, LLC, et al., Respondents, et al., Defendants.

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

Decided May 22, 2007.

Ordered that the order is affirmed, with costs.

The decision to grant or deny a preliminary injunction lies within the sound discretion of the Supreme Court (see Glorious Temple Church of God in Christ v Dean Holding Corp., 35 A.D.3d 806 [2006]; Matter of Merscorp, Inc. v Romaine, 295 A.D.2d 431, 432 [2002]). "Parties seeking a preliminary injunction must `show a probability of success...

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