Greenfield v. Harris

Full title: MARTIN GREENFIELD et al., Appellants, v. JOEL W. HARRIS et al., Respondents

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

Date published: Mar 25, 1985

109 A.D.2d 869 (N.Y. App. Div. 1985)

Opinion

March 25, 1985

Appeal from the Supreme Court, Nassau County (Ain, J.).

Order affirmed, insofar as appealed from, with one bill of costs.

Plaintiffs failed to establish a clear right to a preliminary injunction ( see, Grant Co. v. Srogi, 52 N.Y.2d 496), in that they were unable to establish a likelihood of success on the merits or irreparable harm.

Additionally, plaintiffs failed to state a cause of action as against defendant Aetna by failing to allege any wrongdoing on its part ( see, Long Is. Region Natl. Assn. v. Town of North Hempstead, 102 Misc.2d 704, affd 75 A.D.2d 842). Titone, J.P., Thompson, Rubin and Lawrence, JJ., concur.