Blue Ridge Farms v. New York Cty. S. Const

Full title: BLUE RIDGE FARMS, INC., Appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION…

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

Date published: Jan 26, 1998

246 A.D.2d 616 (N.Y. App. Div. 1998)

667 N.Y.S.2d 307

Opinion

January 26, 1998

Appeal from the Supreme Court, Kings County (Hutcherson, J.).

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 A.D.2d 313, 314; Aetna Ins. Co. v. Capasso, 76 N.Y.2d 860, 862; Anastasi v. Majopon Realty Corp., 181 A.D.2d 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.