Opinion
December 8, 1997
Appeal from the Supreme Court, Suffolk County (Zelman, J.H.O.).
Ordered that the order is reversed, on the law, with costs, and the motion for a preliminary injunction is denied.
The Supreme Court incorrectly granted the plaintiff's application for a preliminary injunction (see, CPLR 6301). Although the hearing record demonstrates the likelihood of the plaintiff's success on the merits (see, Skaggs-Walsh, Inc. v. Chmiel, 224 A.D.2d 680; Nassau Soda Fountain Equip. Corp. v. Mason, 118 A.D.2d 764; McLaughlin, Piven, Vogel v. Nolan Co., 114 A.D.2d 165), it fails to establish that the plaintiff will suffer irreparable injury absent the injunction, or that a balancing of the equities is in its favor (see, Skaggs-Walsh, Inc. v. Chmiel, supra; cf., McLaughlin, Piven, Vogel v. Nolan Co., supra). Accordingly, the plaintiff's application for a preliminary injunction should have been denied.
Mangano, P.J., Bracken, Altman and Goldstein, JJ., concur.