Opinion
2002-05653
Argued February 6, 2003.
March 10, 2003.
In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated May 8, 2002, which denied its motion for a preliminary injunction.
Kaufman, Schneider Bianco, LLP, Jericho, N.Y. (Richard M. Howard and Cara A. McCaffrey of counsel), for appellant.
Bart and Schwartz, LLP, Melville, N.Y. (Gerald V. Dandeneau of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
It is well settled that to be entitled to a preliminary injunction, a movant must demonstrate a likelihood of success on the merits, irreparable harm in the absence of an injunction, and a balancing of the equities in its favor (see Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860; Grant Co. v. Srogi, 52 N.Y.2d 496; CPLR 6301, 6312[a]). The plaintiff failed to meet its burden (see Neos v. Lacey, 291 A.D.2d 434; Skaggs-Walsh, Inc. v. Chmiel, 224 A.D.2d 680, MacIntyre v. Metropolitan Life Insurance Co., 221 A.D.2d 602.) The plaintiff's contention that a hearing was required upon its motion for a preliminary injunction is without merit (see CPLR 6312[c]).
SANTUCCI, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.