Appellate Division of the Supreme Court of New York, 2000

Somers Stained Glass Corp. v. Somers Designs Inc.

Appellate Division of the Supreme Court of New York · Decided November 27, 2000

277 A.D.2d 442; 715 N.Y.S.2d 910; 2000 N.Y. App. Div. LEXIS 12299

Cases that cite this one

4 later published cases cite this decision.

Gerstner v. Katz (Appellate Division of the Supreme Court of New York 2007)
JDOC Construction, LLC v. Balabanow (Appellate Division of the Supreme Court of New York 2003)
Cyril v. Neighborhood Partnership Housing Fund, Inc. (Appellate Division of the Supreme Court of New York 2003)
Koehler v. Town of Smithtown (Appellate Division of the Supreme Court of New York 2001)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action, inter alia, to recover damages for unfair competition, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), entered November 5, 1999, which denied its motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

*443To prevail on a motion for a preliminary injunction, a movant must demonstrate: (1) a likelihood of success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) a balancing of the equities in its favor (see, Skaggs-Walsh, Inc. v Chmiel, 224 AD2d 680, 681; Family Affair Haircutters v Detling, 110 AD2d 745, 747). As the plaintiff failed to demonstrate either a likelihood of success on the merits or irreparable injury, the Supreme Court properly denied its motion for a preliminary injunction. Bracken, J. P., Thompson, Sullivan and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.