Shelborne Beach Club, Inc. v. Hellman

Appellate Division of the Supreme Court of New York

Shelborne Beach Club, Inc. v. Hellman

49 A.D.2d 741, 372 N.Y.S.2d 227, 1975 N.Y. App. Div. LEXIS 10698

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 11, 1975

StatusPublished

Cited by3 cases

This text of 49 A.D.2d 741 (Shelborne Beach Club, Inc. v. Hellman) 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

Shelborne Beach Club, Inc. v. Hellman, 49 A.D.2d 741, 372 N.Y.S.2d 227, 1975 N.Y. App. Div. LEXIS 10698 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action for a permanent injunction to restrain defendants from selling certain merchandise in violation of the provisions of a lease, defendants appeal from an order of the Supreme Court, Queens County, dated May 30, 1975, which, inter alia, granted plaintiff’s motion for a preliminary injunction. Order reversed, with $20 costs and disbursements, and motion denied, with a direction that this case be tried immediately. On a motion for a preliminary injunction, the movant must prove three things: (1) the likelihood of its ultimate success on the merits; (2) irreparable injury to it absent the granting of the preliminary injunction; and (3) a balancing of the equities (Albini v Solork Assoc., 37 AD2d 835), It was error for Special Term to grant the preliminary injunction because plaintiff failed to prove irreparable injury absent the granting of the requested relief. Rabin, Acting P. J., Cohalan and Margett, JJ., concur; Latham and Christ, JJ., dissent and vote to affirm, without opinion.

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In an action for a permanent injunction to restrain defendants from selling certain merchandise in violation of the provisions of a lease, defendants appeal from an order of the Supreme Court, Queens County, dated May 30, 1975, which, inter alia, granted plaintiff’s motion for a preliminary injunction. Order reversed, with $20 costs and disbursements, and motion denied, with a direction that this case be tried immediately. On a motion for a preliminary injunction, the movant must prove three things: (1) the likelihood of its ultimate success on the merits; (2) irreparable injury to it absent the granting of the preliminary injunction; and (3) a balancing of the equities (Albini v Solork Assoc., 37 AD2d 835), It was error for Special Term to grant the preliminary injunction because plaintiff failed to prove irreparable injury absent the granting of the requested relief. Rabin, Acting P. J., Cohalan and Margett, JJ., concur; Latham and Christ, JJ., dissent and vote to affirm, without opinion.

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Bluebook (online)

49 A.D.2d 741, 372 N.Y.S.2d 227, 1975 N.Y. App. Div. LEXIS 10698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shelborne-beach-club-inc-v-hellman-nyappdiv-1975.

Opinion

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