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Patti v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 602 (N.Y. App. Div. 1996)

Opinion

May 28, 1996

Appeal from the Supreme Court, Kings County (G. Aronin, J.).


Ordered that the order is affirmed, with costs.

The Supreme Court correctly granted the plaintiffs' motion to preliminarily enjoin the defendants from interfering with their use of a driveway located on and between the plaintiffs' property and the appellants' property. The plaintiffs demonstrated a likelihood of success on the merits, irreparable harm absent the preliminary injunction, and a balancing of the equities in their favor ( see, Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860; Melvin v Union Coll., 195 A.D.2d 447; Astoria Fed. Sav. Loan Assn. v June, 190 A.D.2d 644; Burmax Co. v. B S Indus., 135 A.D.2d 599; 487 Elmwood v. Hassett, 107 A.D.2d 285; Matter of XAR Corp. v. Di Donato, 76 A.D.2d 972). Balletta, J.P., Miller, Sullivan and Copertino, JJ., concur.


Summaries of

Patti v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 602 (N.Y. App. Div. 1996)
Case details for

Patti v. Cohen

Case Details

Full title:STEPHEN PATTI et al., Respondents, v. PAUL COHEN et al., Appellants, et…

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

Date published: May 28, 1996

Citations

227 A.D.2d 602 (N.Y. App. Div. 1996)
643 N.Y.S.2d 389

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