| Dixon v Malouf |
| 2009 NY Slip Op 02745 [61 AD3d 630] |
| April 7, 2009 |
| Appellate Division, Second Department |
| Robert Dixon, Appellant, v Waldy Malouf,Respondent. |
—[*1] Shelowitz & Associates, PLLC, New York, N.Y. (Mitchell Shelowitz of counsel), forrespondent.
In an action, inter alia, for specific performance of a contract for the sale of an interest in alimited liability company, the plaintiff appeals from so much of an order of the Supreme Court,Nassau County (Iannacci, J.), dated May 2, 2008, as denied his cross motion to preliminarilyenjoin the defendant from, among other things, interfering with his management and operation ofthe subject company.
Ordered that the order is affirmed insofar as appealed from, with costs.
To be entitled to a preliminary injunction, the moving party has the burden of demonstrating(1) a likelihood of success on the merits, (2) irreparable injury absent granting the preliminaryinjunction, and (3) a balancing of the equities in the movant's favor (see CPLR 6301;Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; Coinmach Corp. v Alley Pond Owners Corp., 25 AD3d 642, 643[2006]). The purpose of a preliminary injunction is to maintain the status quo and prevent thedissipation of property that could render a judgment ineffectual (see Ruiz v Meloney, 26 AD3d485, 486 [2006]; Ying Fung Moy vHohi Umeki, 10 AD3d 604 [2004]). The decision to grant or deny a preliminaryinjunction rests in the sound discretion of the Supreme Court (see Ruiz v Meloney, 26AD3d at 486).
Here, the plaintiff failed to meet his burden of demonstrating that he would suffer irreparableinjury if the preliminary injunction were not granted (see Automated Waste Disposal, Inc. v Mid-Hudson Waste, Inc., 50AD3d 1072, 1073 [2008]; Khan v State Univ. of N.Y. Health Science Ctr. atBrooklyn, 271 AD2d 656, 657 [2000]; Neos v Lacey, 291 AD2d 434, 435 [2002];Kurzban & Son v Board of Educ. of City of N.Y., 129 AD2d 756, 757 [1987]).Accordingly, the Supreme Court properly denied his cross [*2]motion for a preliminary injunction.
In light of our determination, the plaintiff's remaining contentions are academic. Dillon, J.P.,Balkin, Belen and Chambers, JJ., concur.