Preliminary injunctions.

Practice point: A motion for a preliminary injunction opens the record and gives the court authority to pass upon the sufficiency of the underlying pleading, but this power does not extend to an evaluation of conflicting evidence.

Student note: The motion court may not, on its own initiative, convert a motion for a preliminary injunction into one for summary judgment without giving adequate notice to the parties and affording them an opportunity to lay bare their proof.

Case: Alexandre v. Duvivier, NY Slip Op 04704 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Notices of pendency.