Blue Ridge Farms, Inc. v. New York City School Construction Authority

In an action to enjoin the New York City School Construction Authority from constructing an intermediate school on a certain parcel of property, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated

Ordered that the order is affirmed, with costs.

“To prevail on an application for preliminary injunctive relief, the moving party must demonstrate (1) a likelihood of ultimate success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) that a balancing of the equities favors the movant’s position” (Zanghi v State of New York, 204 AD2d 313 , 314; Aetna Ins. Co. v Capasso, 75 NY2d 860 , 862; Anastasi v Majopon Realty Corp., 181 AD2d 706 , 707). The Supreme Court properly determined that the plaintiff did not meet its burden of demonstrating a likelihood of success on the merits.

The plaintiff’s remaining contentions are without merit. Rosenblatt, J. P., Joy, Florio and McGinity, JJ., concur.