In order to obtain a preliminary injunction or temporary restraining order (TRO) in state court, a party must show a likelihood of ultimate success on the merits; the prospect of irreparable injury if the injunction is denied; and a balance of equities tipping in the moving party’s favor. Doe v. Axelrod, 73 N.Y.2d 748, 750 (1988); CPLR Article 63; FRCP 65; The Federal standard is similar: irreparable harm and either (a) likelihood of success on the merits or (b) sufficiently serious questions going to the merits and a balance of hardships tipping decidedly toward the party seeking the injunctive relief. Johnson v. Burge, 506 Fed. Appx. 10, 11 (2d Cir. 2012).

If you may need a court order for a preliminary injunction or TRO to stop some behavior that is violating or interfering with your rights or if you have received a demand or an order to show cause by someone seeking an injunction or TRO that you oppose, contact us online or call Scott Lanin, Esq. at (212) 764-7250 Ext.201. We offer a free phone consult to review and evaluate your case or you can schedule an office consult.

Injunctive relief is considered extraordinary and drastic by the Courts.  It is often sought under urgent circumstances where the party just cannot wait for the outcome of the lawsuit.  It can sometimes take years to complete and action or appeal and in the meantime, your rights may be violated and you may need to enjoin the party who is the problem.  One common circumstance where courts have shown a willingness to grant a TRO is to stay (stop) a foreclosure sale where a homeowner has shown good cause (a basis).