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HARRIS v. PATIENTS MED., P.C.

8352N. 159990/7. 595107/18.

169 A.D.3d 433 (2019)

93 N.Y.S.3d 299

2019 NY Slip Op 00974

Marcia Harris, M.D., Respondent, v. Patients Medical, P.C., Appellant/Third-Party Plaintiff-Appellant. John P. Salerno, M.D., et al., Third-Party Defendants.

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

Decided February 7, 2019.

A preliminary injunction is an extraordinary provisional remedy which will only issue where the proponent demonstrates (1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) a balance of equities tipping in its favor (CPLR 6301; Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 N.Y.3d 839, 840 [2005]). The granting of such relief is committed to the sound discretion of the motion court...

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