Opinion
February 4, 1991
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order is reversed, without costs or disbursements, and the application for a preliminary injunction is denied.
It is well settled that in order to be granted a preliminary injunction, the movant 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 equities favors [the movant's] position'" (Barone v Frie, 99 A.D.2d 129, 132, quoting from Gambar Enters. v Kelly Servs., 69 A.D.2d 297, 306). "Preliminary injunctive relief is a drastic remedy which will not be granted `unless a clear right thereto is established under the law and the undisputed facts upon the moving papers, and the burden of showing an undisputed right rests upon the movant'" (County of Orange v Lockey, 111 A.D.2d 896, 897, quoting from First Natl. Bank v Highland Hardwoods, 98 A.D.2d 924, 926).
Based upon our review of the record, we conclude that there has been a failure to demonstrate irreparable injury absent the granting of a preliminary injunction (see, Shapiro v Shorenstein, 157 A.D.2d 833; Zonghetti v Jeromack, 150 A.D.2d 561). Brown, J.P., Harwood, Miller and Ritter, JJ., concur.