Opinion
2002-04000
Submitted March 13, 2003.
June 9, 2003.
In an action, 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.
Ettelman Hochheiser, P.C., Garden City, N.Y. (Garry Ettelman and Mark S. Pomerantz of counsel), for appellants.
Bracken, Margolin Gouvis, LLP, Islandia, N.Y. (Jeffrey D. Powell of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, LEO F. McGINITY, STEPHEN G. CRANE, JJ.
DECISION ORDER
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 N.Y.2d 860; Somers Stained Glass Corp. v. Somers Designs, 277 A.D.2d 442). 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 A.D.2d 348, 350, citing Family Affair Haircutters v. Detling, 110 A.D.2d 745, 747).
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 N.Y.2d 195, 199; W.W.W. Assocs. v. Giancontieri, 77 N.Y.2d 157).
ALTMAN, J.P., SMITH, McGINITY and CRANE, JJ., concur.