Town of Deerpark v. City of Port Jervis

Full title: TOWN OF DEERPARK, Appellant, v. CITY OF PORT JERVIS, Respondent

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

Date published: Jun 9, 1997

240 A.D.2d 487 (N.Y. App. Div. 1997)

659 N.Y.S.2d 764

Opinion

June 9, 1997

Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).

Ordered that the appeal from the order dated July 3, 1996, is dismissed, as that order was superseded by the order dated October 15, 1996, made upon renewal; and it is further,

Ordered that the order dated October 15, 1996, is affirmed insofar as appealed from; and it is further,

Ordered that the respondent is awarded one bill of costs.

The Town did not make out all of the elements necessary to obtain a preliminary injunction in that it did not show the likelihood of success on the merits (see, Grant Co. v. Srogi, 52 N.Y.2d 496, 517). Therefore, the Supreme Court properly denied its motion for a preliminary injunction.

Miller, J.P., Joy, Goldstein and Florio, JJ., concur.