Practice point: Where the movant does not demonstrate a likelihood of success on the merits, irreparable damage, and a balance of the equities in movant's favor, the motion will not be granted.
Student note: The motion will not be denied just because there are issues of fact, unless they subvert the plaintiff's likelihood of success on the merits to such a degree that it cannot be said that the plaintiff has established a clear right to relief.
Case: Cooper v. Board of White Sands Condominium, NY Slip Op 07799 (2d Dept. 2011).
Here is the decision.
Tomorrow’s issue: Unlicensed contractors.
