Home/Appellate Division of the Supreme Court of New York/Blue Ridge Farms, Inc. v. New York City School Construction Authority

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
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 26, 1998
StatusPublished

This text of 246 A.D.2d 616 (Blue Ridge Farms, Inc. v. New York City School Construction Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Related

Aetna Insurance v. Capasso
552 N.E.2d 166 (New York Court of Appeals, 1990)
Anastasi v. Majopon Realty Corp.
181 A.D.2d 706 (Appellate Division of the Supreme Court of New York, 1992)
Zanghi v. State
204 A.D.2d 313 (Appellate Division of the Supreme Court of New York, 1994)

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Bluebook (online)
246 A.D.2d 616, 667 N.Y.S.2d 307, 1998 N.Y. App. Div. LEXIS 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-ridge-farms-inc-v-new-york-city-school-construction-authority-nyappdiv-1998.