The Threatened Destruction of a Business as Irreparable Harm

, New York Law Journal


New York courts have long characterized a preliminary injunction as a "drastic remedy," and are sparing about the instances in which it may be granted. A party seeking a preliminary injunction must establish, by clear and convincing evidence, (1) a likelihood of success on the merits; (2) irreparable harm absent a preliminary injunction; and (3) a balance of equities tipping in the moving party's favor. Economic loss, compensable by money damages, does not constitute irreparable harm.

This article has been archived, and is no longer available on this website.

View this content exclusively through LexisAdvance® Here

Not a LexisAdvance® Subscriber?

Subscribe Now

LexisAdvance® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisAdvance® customers will be able to access and use ALM's content by subscribing to the LexisAdvance® services via® and Nexis®. This includes content from The National Law Journal®, The American Lawyer®, Legaltech News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisAdvance® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at

What's being said

Comments are not moderated. To report offensive comments, click here.

Preparing comment abuse report for Article# 1202608824214

Thank you!

This article's comments will be reviewed.