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METROPOLITAN STEEL INDUSTRIES, INC. v. PERINI CORPORATION

50 A.D.3d 321 (2008)

855 N.Y.S.2d 441

METROPOLITAN STEEL INDUSTRIES, INC., Doing Business as STEELCO, Respondent, v. PERINI CORPORATION et al., Appellants. (And a Third-Party Action.)

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

Decided April 3, 2008.

The court properly denied appellants' motion for a preliminary injunction enjoining respondent from serving further restraining notices since appellants failed to establish a likelihood of success on the merits, irreparable injury absent the grant of injunctive relief, and that the balance of the equities tips in their favor (OraSure Tech., Inc. v Prestige Brands Holdings, Inc., 42 A.D.3d 348 [2007]). Indeed, on a prior appeal, we...

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