Practice point: To obtain a preliminary injunction, a movant must establish
(1) a likelihood of success on the merits; (2) irreparable injury absent a
preliminary injunction; and (3) a balancing of the equities in the movant's
favor,
Student note: Irreparable injury, for purposes of equity, has been held to
mean any injury for which money damages are insufficient.
Case:
L & M Franklyn Ave,
LLC v. S. Land Dev., LLC, NY
Slip Op 06064 (2d Dept. 2012).
Here is the decision.
Tomorrow’s issue: Fraud, and the summary judgment burden.