September 12, 2012

Preliminary injunction.



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.