CHRISTOPHER SMITH AND MICHAEL SMITH, AS TRUSTEES OF THE JAY AND PATRICIA SMITH IRREVOCABLE TRUST v. ANNA J. SMITH, AS TRUSTEE OF THE THEODORE P. SMITH INCOME ONLY IRREVOCABLE TRUST, AND ANNA JANE SMITH, AS EXECUTOR OF THE ESTATE OF THEODORE P. SMITH, DECEASED

Summary

The Appellate Division, Fourth Department, held that the Uniform Partition of Heirs Property Act did not apply because the property was not used for residential or agricultural purposes. The court also concluded that the plaintiffs failed to establish the requirements for a preliminary injunction, including likelihood of success, irreparable injury, and a favorable balance of equities. The order was modified to deny the preliminary injunction and was otherwise affirmed.

Holdings

1. The appeal from the temporary restraining order was dismissed as moot because the order expired by its nature and was superseded by the preliminary injunction.
2. The property did not qualify as heirs property under RPAPL 993 because the statute requires that the property be used for residential or agricultural purposes, and the property was used for commercial mining and a campground.
3. Supreme Court abused its discretion by granting plaintiffs a preliminary injunction because plaintiffs failed to establish likelihood of success on the merits, irreparable injury, or a balance of equities favoring injunctive relief.

Questions Presented

1. Whether defendant's appeal from the order modifying the temporary restraining order was moot after the temporary restraining order was superseded by a preliminary injunction.
2. Whether the property qualified as heirs property subject to the Uniform Partition of Heirs Property Act under RPAPL 993.
3. Whether plaintiffs established the requirements for a preliminary injunction, including likelihood of success on the merits, irreparable injury, and a balance of equities in their favor.

Disposition

other