Globe-Mar Associates v. City White Plains Et Al‪.‬

In an action to quiet title to real property, plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Cerrato, J.), entered January 30, 1984, as denied their motion for a preliminary injunction. Order affirmed, insofar as appealed from, without costs or disbursements. Special Term was correct in holding that on the facts presently before it, plaintiffs had not demonstrated a likelihood of success on the merits (see Lowe v Di Filippo, 12 A.D.2d 788; Kent v Winn, 30 A.D.2d 703; Gottfried v State of New York, 23 Misc. 2d 733, mod on other grounds 14 A.D.2d 612, affd 11 N.Y.2d 1084). In the absence of such proof, Special Term properly refused to grant a preliminary injunction pursuant to CPLR 6301 (see Albini v Solork Assoc., 37 A.D.2d 835). Our affirmance of Special Term's order, insofar as appealed from, however, is not intended to express any opinion with regard to the ultimate result which should be reached after trial.