Opinion
Argued November 9, 2000.
November 28, 2000.
In an action, inter alia, to recover damages for unfair competition, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), entered November 5, 1999, which denied its motion for a preliminary injunction.
Spada Ardam, P.C., Smithtown, N.Y. (David M. Ardam of counsel), for appellant.
Forchelli, Curto, Schwartz, Mineo, Carlino Cohn, LLP, Mineola, N Y (Andrew E. Curto of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
To prevail on a motion for a preliminary injunction, a movant must demonstrate: (1) a likelihood of success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) a balancing of the equities in its favor ( see, Skaggs-Walsh Inc. v. Chmiel, 224 A.D.2d 680, 681; Family Affair Haircutters v. Detling, 110 A.D.2d 745, 747). As the plaintiff failed to demonstrate either a likelihood of success on the merits or irreparable injury, the Supreme Court properly denied its motion for a preliminary injunction.