Iron Mountain Information Management, Inc. v. Pullman

• Decision Date: 19 June 2007
• Docket Number: 2006-09000.
• Citation: 836 N.Y.S.2d 891,41 A.D.3d 656,2007 NY Slip Op 05469
• Parties: IRON MOUNTAIN INFORMATION MANAGEMENT, INC., Appellant, v. ESTER DIANE PULLMAN, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

41 A.D.3d 656

836 N.Y.S.2d 891

2007 NY Slip Op 05469

IRON MOUNTAIN INFORMATION MANAGEMENT, INC., Appellant, v. ESTER DIANE PULLMAN, et al., Respondents.

2006-09000.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 19, 2007.

In an action for specific performance of a commercial lease providing options to renew and purchase, the plaintiff appeals, as limited by its brief, from so much of an order of the

Supreme Court, Dutchess County (Sproat, J.), dated September 8, 2006, as denied its motion for a preliminary injunction.

Ordered that the order is affirmed insofar as appealed from, with costs.

In order to obtain a preliminary injunction (see CPLR 6301), the moving party must demonstrate (1) a likelihood of success on the merits, (2) an irreparable injury absent the injunction; and (3) a balancing of the equities in its favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860 [1990]; Gerstner v Katz, 38 AD3d 835 [2007]). Under the circumstances of this case, the issuance of a preliminary injunction was not warranted.

Miller, J.P., Mastro, Dillon and McCarthy, JJ., concur.