From Casetext: Smarter Legal Research

Evans-Freke v. Showcase Contr. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 2004
3 A.D.3d 549 (N.Y. App. Div. 2004)

Opinion

2003-03184.

Decided January 26, 2004.

In an action, inter alia, to recover damages for breach of a home improvement contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), dated March 17, 2003, as denied his motion to preliminarily enjoin the defendants from filing a notice of mechanic's lien.

Thomas F. Farley, P.C., Armonk, N.Y., for appellant.

Ryan Schwarz, LLP, Suffern, N.Y. (Terrence Ryan of counsel), for respondents.

Before: THOMAS A. ADAMS and STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

To obtain the drastic remedy of a preliminary injunction, a movant must demonstrate (1) a likelihood of success on the merits, (2) irreparable harm if the injunction is denied, and (3) a balance of the equities in favor of granting the injunction ( see Matter of Merscorp, Inc. v. Romaine, 295 A.D.2d 431, 432; Peterson v. Corbin, 275 A.D.2d 35, 37; Laro Maintenance Corp. v. Culkin, 255 A.D.2d 560). Here, the plaintiff failed to establish a clear right to relief under the foregoing standard. Thus, the Supreme Court properly denied his motion for a preliminary injunction.

SANTUCCI, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.


Summaries of

Evans-Freke v. Showcase Contr. Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 2004
3 A.D.3d 549 (N.Y. App. Div. 2004)
Case details for

Evans-Freke v. Showcase Contr. Corp.

Case Details

Full title:STEPHEN EVANS-FREKE, appellant, v. SHOWCASE CONTRACTING CORP., ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 26, 2004

Citations

3 A.D.3d 549 (N.Y. App. Div. 2004)
770 N.Y.S.2d 640

Citing Cases

Schweizer v. Town of Smithtown

Ordered that one bill of costs is awarded to the respondent. To be entitled to a preliminary injunction, a…

Preizler v. Willoughby Realty LLC

The purpose of a preliminary injunction is to maintain the status quo and prevent the dissipation of property…