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DOVER GOURMET CORPORATION v. NASSAU HEALTH CARE CORPORATION

2010-12133.

89 A.D.3d 979 (2011)

933 N.Y.S.2d 574

2011 NY Slip Op 8555

DOVER GOURMET CORPORATION, Appellant, v. NASSAU HEALTH CARE CORPORATION, Also Known as NUHEALTH, Respondent.

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

Decided November 22, 2011.

Ordered that the order is affirmed, with costs.

To obtain a preliminary injunction, a movant must demonstrate, by clear and convincing evidence, (1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) a balancing of the equities in the movant's favor (see CPLR 6301; Aetna Ins. Co. v Capasso, 75 N.Y.2d 860, 862 [1990]; Arcamone-Makinano v Britton Prop., Inc.,

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