"In order to obtain a preliminary injunction ( see CPLR 6301), the moving party must demonstrate: (1) a likelihood of success on the merits, (2) an irreparable injury absent the injunction; and (3) a balancing of the equities in its favor" ( Volunteer Fire Assn. of Tappan, Inc. v County of Rockland, 60 AD3d 666, 667; see Automated Waste Disposal, Inc. v Mid-Hudson Waste, Inc., 50 AD3d 1072, 1072-1073; Wiener v Life Style Futon, Inc., 48 AD3d 458). The existence of an issue of fact "shall not in itself be grounds for denial of the motion" (CPLR 6312 [c]; see Volunteer Fire Assn. of Tappan, Inc. v County of Rockland, 60 AD3d at 667).
To obtain a preliminary injunction, a movant must demonstrate, by clear and convincing evidence, (1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) a balancing of the equities in the movant's favor (see CPLR 6301; Aetna Ins. Co. v Capasso, 75 NY2d 860, 862; Arcamone-Makinano v Britton Prop., Inc., 83 AD3d 623; S.J.J.K. Tennis, Inc. v Confer Bethpage, LLC, 81 AD3d 629; Volunteer Fire Assn. of Tappan, Inc. v County of Rockland, 60 AD3d 666, 667). The decision whether to grant or deny a preliminary injunction rests in the sound discretion of the Supreme Court (see Doe v Axelrod, 73 NY2d 748, 750; Rowland v Dushin, 82 AD3d 738; Trump on the Ocean, LLC v Ash, 81 AD3d 713, 715; City of Long Beach v Sterling Am. Capital, LLC, 40 AD3d 902).
To obtain a preliminary injunction, a movant must establish (1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) a balancing of the equities in the movant's favor ( see CPLR 6312 [c]; Rowland v Dushin, 82 AD3d 738 [2d Dept 2011]; S.J.J.K. Tennis, Inc. v Confer Bethpage, LLC, 81 AD3d 629; Volunteer Fire Assn. of Tappan, Inc. v County of Rockland, 60 AD3d 666, 667). "The purpose of a preliminary injunction is to preserve the status quo until a decision is reached on the merits" ( Icy SplashFood Beverage, Inc. v Henckel, 14 AD3d 595, 596).
It is well settled that to obtain a preliminary injunction the moving party must demonstrate: (1) a likelihood of success on the merits, (2) an irreparable injury absent the injunction; and (3) a balancing of the equities in its favor (Volunteer Fire Association of Tappan Inc., v. County of Rockland, 60 A.D.3d 666, 883 N.Y.S.2d 706 [2d Dept., 2009]).
In relevant part, CPLR §6301 allows the court to issue a preliminary injunction "in any action.. ... where the plaintiff has demanded and would be entitled to a judgment restraining defendant from the commission or the continuance of an. act, which, if Committed or continued during the pendency of: the action, would produce injury to the plaintiff" (id). It is well settled that to obtain a preliminary injunction the moving party must demonstrate: (1) a likelihood of success, on the merits, (2) an irreparable injury absent the injunction; and {3} a balancing of the equities in its favor (Volunteer Fire Association of Tappan, Inc.. v. County of Rockland, 60 A.D.3d 666, 883 N.Y.S.2d 706 [2d Dept., 2009]). To establish a likelihood of success on the merits the movant must demonstrate a clear right to relief from the undisputed facts (Cooper v. Board of White Sands Condominium, 89 A.D.3d 669, 931 N.Y.S.2d 696 [2d Dept., 2011]) . Thus, the party seeking the drastic remedy of a preliminary injunction has the burden of proving each of the above noted elements "by clear and convincing evidence" (Liotta v. Mattone, 71 AD.3d 741, 900 N.Y.S.2d 62 [2d Dept., 2.010]).
To obtain a preliminary injunction, a movant must establish (1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) a balancing of the equities in the movant's favor (see CPLR 6312[c]; Rowland v Dushin, 82 A.D.3d 738 [2d Dept 2011]; S.J.J.K. Tennis, Inc. v ConferBethpage, LLC, 81 A.D.3d 629 [2d Dept 2011]; Volunteer Fire Assn. of Tappan, Inc. v County of Rockland, 60 A.D.3d 666, 667 [2d Dept 2009]). A court evaluating a motion for a preliminary injunction must be mindful that "[t]he purpose of a preliminary injunction is to maintain the status quo, not to determine the ultimate rights of the parties" (Masjid Usman, Inc. v Beech 140, LLC, 68 A.D.3d 942, 942-43 [2d Dept 2009], quoting Matter of Wheaton/TMWFourth Ave., LP v New York City Dept. of Bldgs., 65 A.D.3d 1051, 1052 [2d Dept 2009]; see Coinmach Corp. v Alley Pond Owners Corp., 25 A.D.3d 642, 643 [2d Dept 2006]).
To obtain a preliminary injunction, a movant must establish (1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) a balancing of the equities in the movant's favor (see CPLR 6312[c]; Rowland v Dushin, 82 AD3d 738 [2d Dept 2011]; S.J.J.K. Tennis, Inc. v Confer Bethpage, LLC, 81 AD3d 629 [2d Dept 2011]; Volunteer Fire Assn. of Tappan, Inc. v County of Rockland, 60 AD3d 666, 667 [2d Dept 2009]). A court evaluating a motion for a preliminary injunction must be mindful that "[t]he purpose of a preliminary injunction is to maintain the status quo, not to determine the ultimate rights of the parties" (Masjid Usman, Inc. v Beech 140, LLC, 68 AD3d 942, 942-43 [2d Dept 2009], quoting Matter of Wheaton/TMW Fourth Ave., LP v New York City Dept. of Bldgs., 65 AD3d 1051, 1052 [2d Dept 2009]; see Coinmach Corp. v Alley Pond Owners Corp., 25 AD3d 642, 643 [2d Dept 2006]).
The complaint seeks an injunction. It is well settled that to obtain a preliminary injunction the moving party must demonstrate: (1) a likelihood of success on the merits, (2) an irreparable injury absent the injunction; and (3) a balancing of the equities in its favor (Volunteer Fire Association of Tappan, Inc., v. County of Rockland, 60 AD3d 666, 883 NYS2d 706 [2d Dept., 2009]). In this case the basis for the injunction is grounded in the fact it is alleged the defendant has breached the oral agreement in many significant ways.
Conclusions of LawIt is well settled that to obtain a preliminary injunction the moving party must demonstrate: (1) a likelihood of success on the merits, (2) an irreparable injury absent the injunction; and (3) a balancing of the equities in its favor (Volunteer Fire Association of Tappan, Inc., v. County of Rockland, 60 AD3d 666, 883 NYS2d 706 [2d Dept., 2009]). To establish a likelihood of success on the merits the movant must demonstrate a clear right to relief from the undisputed facts (Cooper v. Board of White Sands Condominium, 89 AD3d 669, 931 NYS2d 696 [2d Dept., 2011]).
Turning to the motion seeking a preliminary injunction, it is well settled that to obtain a preliminary injunction the moving party must demonstrate: (1) a likelihood of success on the merits, (2) an irreparable injury absent the injunction; and (3) a balancing of the equities in its favor (Volunteer Fire Association of Tappan, Inc., v. County of Rockland, 60 AD3d 666, 883 NYS2d 706 [2d Dept., 2009]). To establish a likelihood of success on the merits the movant must demonstrate a clear right to relief from the undisputed facts (Cooper v. Board of White Sands Condominium, 89 AD3d 669, 931 NYS2d 696 [2d Dept., 2011]).