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TATUM v. NEWELL FUNDING, LLC

63 A.D.3d 911 (2009)

880 N.Y.S.2d 542

WILLIAM TATUM et al., Appellants, v. NEWELL FUNDING, LLC, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 16, 2009.

Ordered that the order is affirmed, with costs.

In order to prevail on a motion for a preliminary injunction, the movant must demonstrate by clear and convincing evidence (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 (see Gluck v Hoary, 55 A.D.3d 668 [2008]; Apa Sec., Inc...

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