Dana Distribs., Inc. v Crown Imports, LLC
2008 NY Slip Op 01490 [48 AD3d 613]
February 19, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Dana Distributors, Inc., et al., Respondents,
v
Crown Imports, LLC, et al., Appellants.

[*1] McDermott Will & Emery LLP, New York, N.Y. (Robert A. Weiner, Andrew B. Kratenstein, and Marc E. Sorini of counsel), for appellants Crown Imports, LLC, and Barton Beers, Ltd., and Tannenbaum Helpern Syracuse & Hirschtritt LLP, New York, N.Y. (Andre R. Jaglom, Andrew Berger, John E. Greene, and Jamie B. W. Stecher of counsel), for appellant Manhattan Beer Distributors, LLC (one brief filed).

McCarter & English, LLP, New York, N.Y. (Peter D. Stergios of counsel), for respondents.

In an action, inter alia, pursuant to Alcoholic Beverage Control Law § 55-c challenging the termination of a beer distribution agreement, the defendants appeal from an order of the Supreme Court, Orange County (Horowitz, J.), dated May 4, 2007, which, after a hearing, granted the plaintiffs' motion for a preliminary injunction.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for a preliminary injunction is denied.

To obtain a preliminary injunction, a movant must demonstrate a likelihood of success on the merits, danger of irreparable harm unless the injunction is granted, and a balance of the equities in its favor (see Skaggs-Walsh, Inc. v Chmiel, 224 AD2d 680 [1996]; Family Affair Haircutters v Detling, 110 AD2d 745 [1985]). Here, the plaintiffs failed to submit sufficient proof to show that they would suffer irreparable harm absent the granting of a preliminary injunction (see Skaggs-Walsh, Inc. v Chmiel, 224 AD2d 680 [1996]; Family Affair Haircutters v Detling, 110 AD2d 745 [1985]; Golden v Steam Heat, 216 AD2d 440 [1995]). Where, as here, a litigant can fully be recompensed by a monetary award, a preliminary injunction will not issue (see Price Paper & Twine Co. v Miller, 182 AD2d 748, 750 [1992]). Accordingly, the Supreme Court should have denied the plaintiffs' motion for a preliminary [*2]injunction. Skelos, J.P., Fisher, Dillon and McCarthy, JJ., concur.