October 31, 2026

Preliminary injunction

In order to establish the right to a preliminary injunction, a movant must demonstrate: (1) the likelihood of success on the merits; (2) irreparable injury absent the injunction; and (3) that the equities balance in the movant's favor. The purpose of a preliminary injunction is to maintain the status quo, not to determine the ultimate rights of the parties. Motions for preliminary injunctions pursuant to CPLR 6301 must be made prior to the expiration of the cure period.

217-20 K&A, LLC vs. De Maio Props., LLC, NY Slip Op 06272 (2d Dep't October 28, 2026)

Here is the decision.