🔑 New York Preliminary Injunction Elements Under CPLR 6301

A party seeking a preliminary injunction in New York must establish three elements:

1. probability or likelihood of success on the merits;
2. danger of irreparable injury without preliminary injunctive relief; and
3. a balance of equities in its favor.

In Lengyel-Fushimi v Bellis,^[1] the Appellate Division, Second Department stated the rule this way:

“The party seeking a preliminary injunction must demonstrate a probability of success on the merits, danger of irreparable injury in the absence of an injunction and a balance of equities in its favor” (Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 NY3d 839, 840 [2005]; see CPLR 6301).

A preliminary injunction is not granted merely because a dispute exists. The movant must satisfy all three elements required for provisional equitable relief.