Opinion
December 19, 1988
Appeal from the Supreme Court, Nassau County (Collins, J.).
Ordered that the order is affirmed, with costs.
The trial court correctly noted that on a motion for a preliminary injunction the movant must establish three things: (1) the likelihood of ultimate success on the merits, (2) irreparable injury absent the granting of the preliminary injunction and (3) a balancing of the equities (see, Grant Co. v Srogi, 52 N.Y.2d 496, 517; Matter of Brenner v Hart Sys., 114 A.D.2d 363, 366; Albini v Solork Assocs., 37 A.D.2d 835). In our view, on the record herein, the plaintiff failed to meet these three requirements and the court properly refused preliminary injunctive relief. Thompson, J.P., Lawrence, Rubin and Eiber, JJ., concur.