Sobiech v. Dillon

Summary

The Appellate Division, Second Department, affirmed an order denying the plaintiffs' requested preliminary injunctions concerning the removal of hay and topsoil, purchases charged to the plaintiffs' account, and excessive energy consumption at real property. The court held that the plaintiffs failed to demonstrate a likelihood of success on the merits, irreparable injury, or that the equities favored injunctive relief.

Holdings

1. The plaintiffs were not entitled to a preliminary injunction because they failed to demonstrate a likelihood of success on the merits, irreparable injury absent the injunction, or that the equities balanced in their favor.

Questions Presented

1. Whether the Supreme Court providently exercised its discretion in denying preliminary injunctive relief concerning the defendants' alleged removal of hay and topsoil, purchases on the plaintiffs' account, and excessive energy consumption.

Disposition

affirmed