Burton v. Bloomingdale Greens, Inc.

Appellate Division of the Supreme Court of New York

Burton v. Bloomingdale Greens, Inc.

274 A.D.2d 405, 711 N.Y.S.2d 766, 2000 N.Y. App. Div. LEXIS 7733

Appellate Division of the Supreme Court of the State of New York·Decided July 10, 2000·Published

Opinion

—In an action, inter alia, to establish title to real property by adverse possession, the plaintiff appeals from an order of the Supreme Court, Richmond County (Ponterio, J.), dated August 30, 1999, which denied his motion to preliminarily enjoin the defendants from performing construction work on the property.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs motion for a preliminary injunction. Contrary to the plaintiffs contentions he failed to demonstrate a likelihood of success on the merits (see, Van Valkenburgh v Lutz, 304 NY 95; Weinstein Enters. v Cappelletti, 217 AD2d 616, 618; Yamin v Daly, 205 AD2d 870, 871) and that he would suffer irreparable injury absent the injunction (see, Wallack Frgt. Lines v Next Day Express, 245 AD2d 367). Bracken, J. P., Joy, McGinity and Feuerstein, JJ., concur.

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—In an action, inter alia, to establish title to real property by adverse possession, the plaintiff appeals from an order of the Supreme Court, Richmond County (Ponterio, J.), dated August 30, 1999, which denied his motion to preliminarily enjoin the defendants from performing construction work on the property.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiffs motion for a preliminary injunction. Contrary to the plaintiffs contentions he failed to demonstrate a likelihood of success on the merits (see, Van Valkenburgh v Lutz, 304 NY 95; Weinstein Enters. v Cappelletti, 217 AD2d 616, 618; Yamin v Daly, 205 AD2d 870, 871) and that he would suffer irreparable injury absent the injunction (see, Wallack Frgt. Lines v Next Day Express, 245 AD2d 367). Bracken, J. P., Joy, McGinity and Feuerstein, JJ., concur.

Burton v. Bloomingdale Greens, Inc., 274 A.D.2d 405, 711 N.Y.S.2d 766, 2000 N.Y. App. Div. LEXIS 7733 (N.Y. Ct. App. 2000).

Pincite

274 A.D.2d 405 (Burton v. Bloomingdale Greens, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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