Weber v Barnett

Holding The Appellate Division reversed the lower court’s grant of a preliminary injunction because the defendants failed to demonstrate a likelihood of success on the merits or a danger of irreparable injury. The court determined that money damages were an adequate remedy for the alleged losses regarding the distribution of real property sale proceeds.

The court’s words

Although the purpose of a preliminary injunction is to preserve the status quo pending a trial, the remedy is considered a drastic one, which should be used sparingly

2026 NY Slip Op 05439, at the official text

To be entitled to a preliminary injunction, a movant must establish (1) a probability of success on the merits, (2) a danger of irreparable injury in the absence of an injunction, and (3) a balance of the equities in the movant's favor

2026 NY Slip Op 05439, at the official text

Here, the defendants did not show a likelihood of success on the merits, as the record reveals disputed and unresolved issues with regard to whether Barnett had an interest in the additional counterclaim defendants

2026 NY Slip Op 05439, at the official text

Moreover, the defendants failed to establish a danger of irreparable injury in the absence of an injunction, as money damages are an adequate remedy for the losses alleged

2026 NY Slip Op 05439, at the official text