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PERPIGNAN v. PERSAUD

2011-01488

91 A.D.3d 622 (2012)

936 N.Y.S.2d 261

2012 NY Slip Op 196

JUNIE PERPIGNAN, Respondent, v. GOTMATTIE PERSAUD et al., Defendants, and HOME EQUITY MORTGAGE LOAN ASSET-BACKED TRUST SERIES INABS 2005-B et al., Appellants.

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

Decided January 10, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

"A party seeking the drastic remedy of a preliminary injunction has the burden of demonstrating, by clear and convincing evidence, (1) a likelihood of ultimate success on the merits, (2) the prospect of irreparable injury if the provisional relief is withheld, and (3) a balancing of the equities in the movant's favor" (Berkoski v Board of Trustees of Inc. Vil. of Southampton,

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