In order to establish the right to a preliminary injunction, the movant must demonstrate: (1) the likelihood of success on the merits; (2) irreparable injury unless the injunction issues; and (3) that the equities balance in the movant's favor, pursuant to CPLR 6301. The decision whether to grant or deny a preliminary injunction rests in the sound discretion of the court hearing the motion. In the absence of unusual or compelling circumstances, appellate courts are reluctant to disturb the motion court's determination.
Benaim v. S2 Corona, LLC, NY Slip Op 01274 (2d Dep't March 15, 2023)
