Iron Mtn. Info. Mgt., Inc. v Pullman

2007 NYSlipOp 05469

June 19, 2007

Appellate Division, Second Department

As corrected through Wednesday, August 15, 2007

Iron Mountain Information Management, Inc., Appellant, v Ester Diane Pullman, et al., Respondents.

—[*1]Lewis & Greer, P.C., Poughkeepsie, N.Y. (Veronica A. McMillan and Lou Lewis of counsel), for appellant.

Levine & Levine, P.C., Poughkeepsie, N.Y. (Robert P. Cusumano of counsel), for respondents.

In an action for specific performance of a commercial lease providing options to renew and purchase, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Sproat, J.), dated September 8, 2006, as denied its motion for a preliminary injunction.

Ordered that the order is affirmed insofar as appealed from, with costs.

In order to obtain a preliminary injunction (see CPLR 6301), the moving party must demonstrate (1) a likelihood of success on the merits, (2) an irreparable injury absent the injunction; and (3) a balancing of the equities in its favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860 [1990]; Gerstner v Katz, 38 AD3d 835 [2007]). Under the circumstances of this case, the issuance of a preliminary injunction was not warranted. Miller, J.P., Mastro, Dillon and McCarthy, JJ., concur.