Opinion
March 23, 1981
In an action to declare that plaintiff has not violated terms of its lease, plaintiff appeals from a resettled order of the Supreme Court, Nassau County, dated January 26, 1981, which denied its motion for a preliminary injunction enjoining defendant from holding plaintiff in default on the lease. Resettled order affirmed, with $50 costs and disbursements. Plaintiff has failed to demonstrate that it will ultimately succeed on the merits (see, e.g., Albini v. Solork Assoc., 37 A.D.2d 835). Rabin, J.P., Gulotta, Weinstein and Thompson, JJ., concur.