Pursuant to CPLR article 63, the injunction may issue on a showing of (1) a likelihood of ultimate success on the merits; (2) the prospect of irreparable injury if the provisional relief is withheld; and (3) a balance of equities tipping in the moving party's favor. The decision to grant or deny a preliminary injunction lies within the sound discretion of the Supreme Court.
Apple A.C. & Appliance Serv., Inc. v. Apple Home Heating Corp., NY Slip Op 05567 (2d Dep't August 1, 2018)
Here is the decision.
