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WIENER v. LIFE STYLE FUTON, INC.

48 A.D.3d 458 (2008)

851 N.Y.S.2d 355

JOEL WIENER et al., Appellants-Respondents, v. LIFE STYLE FUTON, INC., et al., Respondents-Appellants.

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

Decided February 5, 2008.

Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from by the plaintiffs, with costs to the defendants.

In order to obtain a preliminary injunction (see CPLR 6301), the moving party must demonstrate (1) a likelihood of success on the merits, (2) an irreparable injury absent the granting of injunctive...

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