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BLINDS AND CARPET GALLERY, INC. v. E.E.M. REALTY, INC.

2010-04928.

82 A.D.3d 691 (2011)

917 N.Y.S.2d 680

BLINDS AND CARPET GALLERY, INC., et al., Appellants, v. E.E.M. REALTY, INC., Respondent.

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

Decided March 1, 2011.

Ordered that the order is affirmed insofar as appealed from, with 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 the equities favors the movant's position (see Tatum v Newell Funding...

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