SUSSMAN EDUCATION, INC. v. GORENSTEIN

9913N, 655978/18.

175 A.D.3d 1188 (2019)

109 N.Y.S.3d 39

2019 NY Slip Op 06707

Sussman Education, Inc., Respondent, v. Eric Gorenstein, Appellant, et al., Defendant.

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

September 24, 2019.


Attorney(s) appearing for the Case

Shapiro Litigation Group PLLC, New York ( Alison B. Cohen and David J. Shapiro of counsel), for appellant.

Akerman LLP, New York ( Jeffrey A. Kimmel of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Mazzarelli, Webber, Moulton, JJ.


The party seeking a preliminary injunction must make a "clear showing of a likelihood of success on the merits, irreparable harm if the injunction [i]s not granted, and a balance of the equities in its favor" (Sterling Fifth Assoc. v Carpentille Corp., 5 A.D.3d 328, 329 [1st Dept 2004]). Plaintiff failed to make such a showing.

To show a likelihood of success on the merits, plaintiff had to demonstrate that the restrictive...

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