Practice point: To obtain a preliminary injunction, the moving party must establish, by clear and convincing evidence, the following: (1) a likelihood of success on the merits; (2) irreparable injury absent the injunction; and (3) that the equities balance is in the movant's favor.
Student note: The decision to grant or deny the injunction lies within the sound discretion of the Supreme Court.
Case: Chase Home Fin., LLC v. Cartelli, NY Slip Op 04685 (2d Dep't June 15, 2016)
Here is the decision.
Tomorrow's issue: Vacatur of a default judgment denied.
