Practice point: The mere existence of an issue of fact will not result in the denial of the motion.
Students should note that the motion requires a showing of likely success on the merits; irreparable harm; and a balance of the equities in movant's favor.
Arcamone-Makinano v. Britton Prop., Inc., NY Slip Op 02818 (2d Dept. 2011
Tomorrow's issue is breach of fiduciary duty.
