| Tatum v Newell Funding, LLC |
| 2009 NY Slip Op 05111 [63 AD3d 911] |
| June 16, 2009 |
| Appellate Division, Second Department |
| William Tatum et al., Appellants, v Newell Funding, LLC,Respondent. |
—[*1] Robinowitz Cohlan Dubow & Doherty LLP, White Plains, N.Y. (Bruce Minkoff of counsel),for respondent.
In an action for a judgment declaring, in effect, that a certain loan agreement is usurious,void, and unenforceable, the plaintiffs appeal from an order of the Supreme Court, Kings County(Solomon, J.), dated October 3, 2007, which denied their motion, in effect, for a preliminaryinjunction enjoining the defendant from selling a certain cooperative apartment unit.
Ordered that the order is affirmed, with costs.
In order to prevail on a motion for a preliminary injunction, the movant must demonstrate byclear and convincing evidence (1) a likelihood of ultimate success on the merits, (2) irreparableinjury absent the granting of the preliminary injunction, and (3) that a balancing of the equitiesfavors the movant's position (see Gluck v Hoary, 55 AD3d 668 [2008]; Apa Sec.,Inc. v Apa, 37 AD3d 502, 503 [2007]). The decision to grant or deny a preliminaryinjunction rests in the sound discretion of the Supreme Court (see Automated WasteDisposal, Inc. v Mid-Hudson Waste, Inc., 50 AD3d 1072, 1073 [2008]; Ruiz vMeloney, 26 AD3d 485, 486 [2006]).
Here, the Supreme Court properly denied the plaintiffs' motion for a preliminary injunctionbecause the plaintiffs failed to demonstrate, by clear and convincing evidence, a likelihood ofsuccess on the merits (see Gluck v Hoary, 55 AD3d at 668; Apa Sec., Inc. v Apa,37 AD3d at 503). Florio, J.P., Miller, Covello and Austin, JJ., concur.