Practice point: To establish entitlement to a preliminary injunction, a movant must establish (1) the likelihood of success on the merits, (2) irreparable harm absent an injunction, and (3) a balance of the equities in favor of granting the injunction.
Practitioners should note that “irreparable injury” has been held to mean any injury for which money damages are insufficient.
Case: Di Fabio v. Omnipoint Communications, Inc., NY Slip Op 07223 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
