Thursday, June 23, 2016

Obtaining a preliminary injunction.

Practice point:  To obtain a preliminary injunction, the moving party must establish, by clear and convincing evidence, the following: (1) a likelihood of success on the merits; (2) irreparable injury absent the injunction; and (3) that the equities balance is in the movant's favor.

Student note:  The decision to grant or deny the injunction lies within the sound discretion of the Supreme Court.

Case:  Chase Home Fin., LLC v. Cartelli, NY Slip Op 04685 (2d Dep't June 15, 2016)

Here is the decision.

Tomorrow's issue: Vacatur of a default judgment denied.