Doe v. Axelrod

Decision Date22 November 1988
Citation73 N.Y.2d 748,532 N.E.2d 1272,536 N.Y.S.2d 44
Parties, 532 N.E.2d 1272 Jane DOE et al., Respondents, v. David AXELROD, as Commissioner of Health of the State of New York, Appellant.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 136 A.D.2d 410, 527 N.Y.S.2d 385, should be modified, with costs, by reversing so much of that order as affirmed the Supreme Court order granting plaintiffs a preliminary injunction; the certified question should be answered in the negative.

The decision to grant or deny provisional relief, which requires the court to weigh a variety of factors, is a matter ordinarily committed to the sound discretion of the lower courts. Our power to review such decisions is thus limited to determining whether the lower courts' discretionary powers were exceeded or, as a matter of law, abused (James v. Board of Educ., 42 N.Y.2d 357, 363-364, 397 N.Y.S.2d 934, 366 N.E.2d 1291). In this case, there was an abuse of discretion, and, as a consequence, reversal is required.

A preliminary injunction may be granted under CPLR article 63 when the party seeking such relief demonstrates: (1) a likelihood of ultimate success on the merits; (2) the prospect of irreparable injury if the provisional relief is withheld; and (3) a balance of equities tipping in the moving party's favor (Grant Co. v. Srogi, 52 N.Y.2d 496, 517, 438 N.Y.S.2d 761, 420 N.E.2d 953). Here, plaintiffs can succeed on the merits of their claim only if they show either that in promulgating the challenged regulations (10 NYCRR 80.67) respondent Commissioner acted outside of the authority constitutionally delegated to him under the Public Health Law (compare, Boreali v. Axelrod, 71 N.Y.2d 1, 523 N.Y.S.2d 464, 517 N.E.2d 1350, with Matter of Levine v. Whalen, 39 N.Y.2d 510, 384 N.Y.S.2d 721, 349 N.E.2d 820; and Chiropractic Assn. v. Hilleboe, 12 N.Y.2d 109, 237 N.Y.S.2d 289, 187 N.E.2d 756) or that the regulation was " 'so lacking in reason for its promulgation that it is essentially arbitrary' " (Ostrer v. Schenck, 41 N.Y.2d 782, 786, 396 N.Y.S.2d 335, 364 N.E.2d 1107). On this record, plain...

To continue reading

Request your trial
413 cases
  • Trump v. Trump
    • United States
    • New York Supreme Court
    • July 13, 2020
    ...to a preliminary injunction is a determination entrusted to the sound discretion of the motion court (see Doe v. Axelrod , 73 N.Y.2d 748, 536 N.Y.S.2d 44, 532 N.E.2d 1272 (1988) ; Eastview Mall, LLC v. Grace Holmes, Inc. , 182 A.D.3d 1057, 122 N.Y.S.3d 848 (4th Dep't, 2020).The court will d......
  • F.F. On Behalf Children v. State, 4108-19
    • United States
    • New York Supreme Court
    • August 23, 2019
    ...Coalition, Inc. v. Village of Bloomingburg , 118 A.D.3d at 1095, 987 N.Y.S.2d 654 ; see CPLR 6301 ; Doe v. Axelrod , 73 N.Y.2d 748, 750, 536 N.Y.S.2d 44, 532 N.E.2d 1272 [1988] ). "The ruling on a motion for a preliminary injunction ... does not establish the law of the case nor is it an ad......
  • Town of Carmel v. Melchner
    • United States
    • New York Supreme Court — Appellate Division
    • February 27, 2013
    ...harm in the absence of an injunction, and (3) a balance of the equities in favor of the injunction ( see Doe v. Axelrod, 73 N.Y.2d 748, 750, 536 N.Y.S.2d 44, 532 N.E.2d 1272;Trump on the Ocean, LLC v. Ash, 81 A.D.3d at 715, 916 N.Y.S.2d 177). However, “Town Law § 268 permits a town to seek ......
  • Kafarskiy v. Zubli Brothers, Inc., 2008 NY Slip Op 32492(U) (N.Y. Sup. Ct. 8/21/2008), 0011914/2008.
    • United States
    • New York Supreme Court
    • August 21, 2008
    ...Moreover, the decision to grant or deny a preliminary injunction lies within the sound discretion of the Supreme Court. Doe v. Axelrod, 73 N.Y.2d 748, 750 (1988); City of Long Beach v. Sterling American Capital, LLC, 40 A.D.3d 902 (2nd Dept. 2007); Glorious Temple Church of God in Christ v.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT