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S.J.J.K. TENNIS, INC. v. CONFER BETHPAGE, LLC

2010-04698.

81 A.D.3d 629 (2011)

916 N.Y.S.2d 789

S.J.J.K. TENNIS, INC., Respondent, v. CONFER BETHPAGE, LLC, Appellant, et al., Defendant.

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

Decided February 1, 2011.

Ordered that the order is affirmed, with costs.

In order to prevail upon a motion for a preliminary injunction, the moving party has the burden of demonstrating, by clear and convincing evidence, (1) the likelihood of success on the merits of the action, (2) that it will suffer irreparable injury absent the issuance of a preliminary injunction, and (3) that the balance of equities is in its favor (see CPLR 6301; ...

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