January 26, 2023

Preliminary injunctions.

The decision to grant or deny a preliminary injunction lies in the sound discretion of the Supreme Court. While the purpose of the preliminary injunction is to preserve the status quo pending a trial, the remedy is considered a drastic one and it should be granted sparingly. In order to be entitled to a preliminary injunction, a movant must establish (1) a probability of success on the merits; (2) the danger of irreparable injury in the absence of injunctive relief; and (3) a balance of the equities in the movant's favor.

203-205 N8 Mb, LLC v. 203-205 W. 8th St., LLC, NY Slip Op 00196 (2d Dep't January 18, 2023)

Here is the decision.