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ATLANTIC SPECIALTY INS. CO. v. LANDMARK UNLIMITED, INC.

Index No. 650912/22. Appeal No. 17517. Case No. 2022-03154.

214 A.D.3d 472 (2023)

186 N.Y.S.3d 14

2023 NY Slip Op 01253

Atlantic Specialty Insurance Company, Respondent, v. Landmark Unlimited, Inc., et al., Appellants, et al., Defendant.

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

Decided March 14, 2023.

Attorney(s) appearing for the Case

Silverman Acampora LLP, Jericho ( Anthony C. Acampora , of counsel) and Richard T. Andrias , New York, for Landmark Unlimited, Inc., Landmark Signs & Electrical Maintenace Corp., Landmark Enterprises of NY Inc., Lynn Calvano, Katherine Lettera and Heather Calvano, appellants.

The Glass Law Group, PLLC, Plainview ( Maxwell J. Glass , of counsel) for Joseph Calvano, appellant.

Chiesa Shahinian & Giantomasi PC, New York ( Adam P. Friedman , of counsel) for respondent.

Concur—Kapnick, J.P., Kern, Gesmer, Singh, Moulton, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about July 11, 2022, which granted plaintiff's motion for a mandatory preliminary injunction in the amount of $8,466,064 to be deposited with plaintiff as collateral, unanimously affirmed, with costs.

In order to prevail on a motion for a preliminary injunction, the movant must establish "a probability of success on the merits, danger of irreparable injury in the absence of an injunction and...

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