JDOC Construction, LLC v. Balabanow — 306 A.D.2d 318

Majority

p. 318

JDOC Construction, LLC, Respondent, v Victor Balabanow et al., Appellants.

[760 NYS2d 678]

—In an action,

p. 319

inter alia, seeking specific performance, the defendants appeal from an order of the Supreme Court, Suffolk County (Hall, J.), entered January 15, 2002, which granted the plaintiff’s motion for a preliminary injunction.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

To prevail on a motion for a preliminary injunction, a movant must establish the likelihood of success on the merits, irreparable injury in the absence of an injunction, and a balance of equities in its favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860 [1990]; Somers Stained Glass Corp. v Somers Designs, 277 AD2d 442 [2000]). Further, the movant must demonstrate a clear right to relief which is plain from the undisputed facts (see Blueberries Gourmet v Aris Realty Corp., 255 AD2d 348 , 350 [1998], citing Family Affair Haircutters v Detling, 110 AD2d 745 , 747 [1985]).

Here, the plaintiff failed to establish its likelihood of success on the merits. Accordingly, the Supreme Court should have denied the motion for a preliminary injunction (see Aetna Ins. Co. v Capasso, supra; see generally Reiss v Financial Performance Corp., 97 NY2d 195 , 199 [2001]; W.W.W. Assoc. v Giancontieri, 77 NY2d 157 [1990]). Altman, J.P., Smith, McGinity and Crane, JJ., concur.

Cases cited

Aetna Insurance v. Capasso 75 NY2d 860 N.Y. 1990-02-22 p. 319
Blueberries Gourmet, Inc. v. Aris Realty Corp. 255 AD2d 348 N.Y. App. Div. 1998-11-09 at 350 p. 319
Family Affair Haircutters, Inc. v. Detling 110 AD2d 745 N.Y. App. Div. 1985-04-15 at 747 p. 319
Reiss v. Financial Performance Corp. 97 NY2d 195 N.Y. 2001-12-18 at 199 p. 319
W.W.W. Associates, Inc. v. Giancontieri 77 NY2d 157 N.Y. 1990-12-27 p. 319