JDOC Construction, LLC v. Balabanow

—In an action, 319 inter alia, seeking specific performance, the defendants appeal from an order of the Supreme Court, Suffolk County (Hall, J.), entered January 15, 2002, which granted the plaintiff’s motion for a preliminary injunction. Ordered that the order is reversed, on the law, with costs, and the motion is denied. To prevail on a motion for a preliminary injunction, a movant must establish the likelihood of success on the merits, irreparable injury in the absence of an injunction, and a balance of equities in its favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860 [1990]; Somers Stained Glass Corp. v Somers Designs, 277 AD2d 442 [2000]). Further, the movant must demonstrate a clear right to relief which is plain from the undisputed facts (see Blueberries Gourmet v Aris Realty Corp., 255 AD2d 348, 350 [1998], citing Family Affair Haircutters v Detling, 110 AD2d 745, 747 [1985]). Here, the plaintiff failed to establish its likelihood of success on the merits. Accordingly, the Supreme Court should have denied the motion for a preliminary injunction (see Aetna Ins. Co. v Capasso, supra; see generally Reiss v Financial Performance Corp., 97 NY2d 195, 199 [2001]; W.W.W. Assoc. v Giancontieri, 77 NY2d 157 [1990]). Altman, J.P., Smith, McGinity and Crane, JJ., concur.