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UAH-MAYFAIR MGT. GROUP LLC v. CLARK

10448. 653590/18.

177 A.D.3d 572 (2019)

110 N.Y.S.3d 849

2019 NY Slip Op 08536

UAH-Mayfair Management Group LLC et al., Respondents, v. Michael Clark et al., Appellants.

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

Decided November 26, 2019.

In order to obtain a preliminary injunction, movant must show (1) a likelihood of ultimate success on the merits; (2) the prospect of irreparable injury if the provisional relief is withheld; and (3) a balance of equities tipping in its favor (see Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 N.Y.3d 839, 840 [2005]).

The IAS court did not abuse its discretion in finding that defendants violated the restrictive covenants...

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