Was the court correct in granting the temporary restraining order and the preliminary injunction?
ANSWER 1. Under the CPLR, there are four provisional remedies: • lis pendens; • injunction; • attachment; • receivership. Under CPLR sec. 6301, the purpose of a preliminary injunction is to prevent harm to the subject matter of litigation during pendency of a lawsuit. It is only available where the lawsuit itself has a specific subject matter, or where the relief sought in the lawsuit is a permanent injunction. The plaintiff must show: • lack of an adequate remedy at law; • clean hands; • probability of success on the merits; • immediate and irreparable harm if the injunction is not granted. Here, the relief Owner’s lawsuit regarding the fence and gate seeks is a permanent injunction, (i) Owner cannot harvest his grapes, let alone move back into the backhouse on Greenacre, if Buyer erects a fence with a gate to which only Buyer has the key. (ii) The facts do not tell us about any act of Owner’s that would constitute unclean hands, (iii) Owner can prove that he will prevail (see below),
