In order to obtain a preliminary injunction, the movant must demonstrate a likelihood of success on the merits, irreparable injury absent the injunction, and a balancing of the equities in the movant's favor, pursuant to CPLR 6301. In deciding the motion, the court must be mindful that the injunction's purpose is to maintain the status quo, and not to determine the parties' ultimate rights. The decision to grant or deny the injunction lies within the sound discretion of the Supreme Court, and, absent unusual or compelling circumstances, the Appellate Division is reluctant to disturb the decision.
538 Morgan Ave. Props., LLC v. 538 Morgan Realty, LLC, NY Slip Op 04530 (2d Dep't August 19, 2020)
