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GLUCK v. HOARY

55 A.D.3d 668 (2008)

865 N.Y.S.2d 356

EDGAR GLUCK et al., Appellants, v. CHEVRE LIADY NUSACH HOARY et al., Respondents.

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

October 14, 2008.

Ordered that the order is affirmed, with one bill of costs.

In order "to prevail on a motion for a preliminary injunction, the movant must demonstrate by clear and convincing evidence (1) a likelihood of ultimate success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) that a balancing of equities favors the movant's position" (Apa Sec., Inc. v Apa, 37 A.D.3d 502, 503 [2007...

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