L & M 353 FRANKLYN AVENUE, LLC v. S. LAND DEVELOPMENT, LLC

2011-10559.

98 A.D.3d 721 (2012)

950 N.Y.S.2d 484

2012 NY Slip Op 6064

L & M 353 FRANKLYN AVENUE, LLC, Appellant, v. S. LAND DEVELOPMENT, LLC, Respondent.

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

Decided August 29, 2012.


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

"To obtain a preliminary injunction, a movant must establish (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" (91-54 Gold Rd., LLC v Cross-Deegan Realty Corp., 93 A.D.3d 649, 649 [2012]; see Lombard v Station Sq. Inn Apts. Corp.,

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