Blue Ridge Farms, Inc. v. New York City School Construction Authority

Appellate Division of the Supreme Court of New York

Blue Ridge Farms, Inc. v. New York City School Construction Authority

246 A.D.2d 616, 667 N.Y.S.2d 307, 1998 N.Y. App. Div. LEXIS 573

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 1998·Published

Opinion

In an action to enjoin the New York City School Construction Authority from constructing an intermediate school on a certain parcel of property, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated [617]*617June 23, 1995, which, inter alia, denied its motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

“To prevail on an application for preliminary injunctive relief, the moving party must demonstrate (1) a likelihood of ultimate success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) that a balancing of the equities favors the movant’s position” (Zanghi v State of New York, 204 AD2d 313, 314; Aetna Ins. Co. v Capasso, 75 NY2d 860, 862; Anastasi v Majopon Realty Corp., 181 AD2d 706, 707). The Supreme Court properly determined that the plaintiff did not meet its burden of demonstrating a likelihood of success on the merits.

The plaintiff’s remaining contentions are without merit. Rosenblatt, J. P., Joy, Florio and McGinity, JJ., concur.

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In an action to enjoin the New York City School Construction Authority from constructing an intermediate school on a certain parcel of property, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated [617]*617June 23, 1995, which, inter alia, denied its motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

“To prevail on an application for preliminary injunctive relief, the moving party must demonstrate (1) a likelihood of ultimate success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) that a balancing of the equities favors the movant’s position” (Zanghi v State of New York, 204 AD2d 313, 314; Aetna Ins. Co. v Capasso, 75 NY2d 860, 862; Anastasi v Majopon Realty Corp., 181 AD2d 706, 707). The Supreme Court properly determined that the plaintiff did not meet its burden of demonstrating a likelihood of success on the merits.

The plaintiff’s remaining contentions are without merit. Rosenblatt, J. P., Joy, Florio and McGinity, JJ., concur.

Blue Ridge Farms, Inc. v. New York City School Construction Authority, 246 A.D.2d 616, 667 N.Y.S.2d 307, 1998 N.Y. App. Div. LEXIS 573 (N.Y. Ct. App. 1998).

Pincite

246 A.D.2d 616 (Blue Ridge Farms, Inc. v. New York City School Construction Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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