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THE PRELIMINARY INJUNCTION SHOULD NOT HAVE BEEN GRANTED; THE “LIKELIHOOD OF SUCCESS” ELEMENT WAS NOT ADEQUATELY DEMONSTRATED BY ALLEGATIONS MADE BASED ON “INFORMATION AND BELIEF;” AND THE “IRREPARABLE HARM” ELEMENT WAS NOT DEMONSTRATED BECAUSE PLAINTIFF DID NOT EXPLAIN WHY THE INJURY COULD NOT BE ADEQUATELY ADDRESSED BY MONEY DAMAGES (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, determined the criteria for a preliminary injunction were not met. The “likelihood of success” element was not demonstrated by allegations based upon “information and belief.” In addition plaintiff did not demonstrate the “irreparable harm” element because plaintiff failed to explain why money damages would not adequately compensate for the injury:

In an affidavit in support of the motion for a preliminary injunction, the plaintiff’s statements … were made only upon “information and belief,” and the plaintiff submitted no evidence … .

The plaintiff also failed to establish irreparable harm. To establish irreparable harm, the plaintiff must demonstrate an injury for which money damages are insufficient … . Here, the plaintiff attested in his affidavit that, if the defendant were permitted to enforce the agreement, the defendant would be entitled to 100% of the plaintiff’s business’s revenue and the business would inevitably cease operation. The plaintiff … failed to demonstrate that this injury could not be adequately compensated by money damages. Culp v Silverline Servs., Inc., 2026 NY Slip Op 05077, Second Dept 8-26-26

 

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