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INVESCO INSTITUTIONAL (N.A.), INC. v. DEUTSCHE INVESTMENT MANAGEMENT AMERICAS, INC.

3195N, 650154/07.

74 A.D.3d 696 (2010)

904 N.Y.S.2d 46

INVESCO INSTITUTIONAL (N.A.), INC., Respondent, v. DEUTSCHE INVESTMENT MANAGEMENT AMERICAS, INC., Appellant, et al., Defendants.

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

Decided June 29, 2010.

Plaintiff met its burden for the grant of a preliminary injunction by demonstrating (1) a likelihood of ultimate success on the merits; (2) the prospect of irreparable injury if the provisional relief is withheld; and (3) a balance of the equities in its favor (Doe v Axelrod, 73 N.Y.2d 748, 750 [1988]). Based upon the submissions and hearing testimony, particularly from plaintiff's expert witnesses, the court properly found...

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