Appellate Division of the Supreme Court of New York, 2011

Dover Gourmet Corp. v. Nassau Health Care Corp.

Appellate Division of the Supreme Court of New York · Decided November 22, 2011

89 A.D.3d 979; 933 N.Y.2d 574

Cases that cite this one

5 later published cases cite this decision.

Arthur J. Gallagher & Co. v. Marchese (Appellate Division of the Supreme Court of New York 2012)
Arthur J. Gallagher & Co. v. Marchese (Appellate Division of the Supreme Court of New York 2012)
Lucas v. Board of Appeals (Appellate Division of the Supreme Court of New York 2013)
Lucas v. Board of Appeals (Appellate Division of the Supreme Court of New York 2013)
Lucas v. Board of Appeals of Village of Mamaroneck (Appellate Division of the Supreme Court of New York 2012)

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

To obtain a preliminary injunction, a movant must demonstrate, by clear and convincing evidence, (1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) a balancing of the equities in the movant’s favor (see CFLR 6301; Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; Arcamone-Makinano v Britton Prop., Inc., 83 AD3d 623 [2011]; S.J.J.K. Tennis, Inc. v Confer Bethpage, LLC, 81 AD3d 629 [2011]; Volunteer Fire Assn. of Tappan, Inc. v County of Rockland, 60 AD3d 666, 667 [2009]). The decision whether to grant or deny a preliminary injunction rests in the sound discretion of the Supreme Court (see Doe v Axelrod, 73 NY2d 748, 750 [1988]; Rowland v Dushin, 82 AD3d 738 [2011]; Trump on the *980Ocean, LLC v Ash, 81 AD3d 713, 715 [2011]; City of Long Beach v Sterling Am. Capital, LLC, 40 AD3d 902 [2007]). Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the plaintiffs motion for a preliminary injunction. Mastro, J.E, Florio, Lott and Cohen, JJ., concur. [Prior Case History: 2010 NY Slip Op 33353(U).]

Case-law data current through September 30, 2026. Source: CourtListener bulk data.