11 Grace Lane, LLC v. East Norwich Land Co., LLC

Summary

The Appellate Division, Second Department, affirmed an order denying the plaintiff's motion for a preliminary injunction in an action involving alleged trespass, private nuisance, and negligence arising from errant golf balls from an adjacent driving range. The court held that the plaintiff failed to establish a likelihood of success on the merits, irreparable injury, or a balance of equities in its favor. Disputed issues remained concerning whether the golf balls constituted a trespass or created a danger on the plaintiff's property.

Holdings

1. The plaintiff was not entitled to a preliminary injunction because its submissions failed to establish a likelihood of success on the merits, irreparable injury, or a balance of equities in its favor.
2. The Supreme Court providently exercised its discretion in denying the plaintiff's motion for a preliminary injunction, and the order was affirmed insofar as appealed from.

Questions Presented

1. Whether the plaintiff established a clear right to a preliminary injunction under CPLR article 63 by demonstrating likelihood of success on the merits, irreparable injury, and a balance of equities in its favor.
2. Whether the Supreme Court abused its discretion by denying the preliminary injunction despite disputed issues concerning whether errant golf balls constituted a trespass or created a danger on the plaintiff's property.

Disposition

affirmed