A. John Merola, M.D., P. C. v. Telonis

Appellate Division of the Supreme Court of New York

A. John Merola, M.D., P. C. v. Telonis

127 A.D.2d 1007, 513 N.Y.S.2d 66, 1987 N.Y. App. Div. LEXIS 53425

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 27, 1987

StatusPublished

Cited by8 cases

This text of 127 A.D.2d 1007 (A. John Merola, M.D., P. C. v. Telonis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. John Merola, M.D., P. C. v. Telonis, 127 A.D.2d 1007, 513 N.Y.S.2d 66, 1987 N.Y. App. Div. LEXIS 53425 (N.Y. Ct. App. 1987).

Pincite

Opinion

Order unanimously reversed on the law with costs and motion denied. Memorandum: In this action for an injunction, plaintiff seeks to restrain defendants, James D. Telonis, M.D. and Dennis J. Nave, M.D., from allegedly violating "Covenants Not to Compete with Employer” and "Not to Solicit from Employer,” both contained in employment contracts between the parties. Defendants appeal from an order granting plaintiff a preliminary injunction.

" 'Unless the plaintiff clearly demonstrates a necessity and urgency for relief in advance of a trial including the sustaining in the meantime of irreparable injury, the injunctive remedy will be withheld pending the trial’ (Allied-Crossroads Nuclear Corp. v Atcor, Inc., 25 AD2d 643, 644; CPLR 6301)” (Village of Honeoye Falls v Elmer, 69 AD2d 1010).

The conclusory allegations of plaintiff in support of its application do not establish that irreparable harm will result in the absence of injunctive relief. Thus, Special Term abused its discretion in granting the injunction. (Appeal from order of Supreme Court, Onondaga County, Tait, J. — preliminary injunction.) Present — Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.

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Order unanimously reversed on the law with costs and motion denied. Memorandum: In this action for an injunction, plaintiff seeks to restrain defendants, James D. Telonis, M.D. and Dennis J. Nave, M.D., from allegedly violating "Covenants Not to Compete with Employer” and "Not to Solicit from Employer,” both contained in employment contracts between the parties. Defendants appeal from an order granting plaintiff a preliminary injunction.

" 'Unless the plaintiff clearly demonstrates a necessity and urgency for relief in advance of a trial including the sustaining in the meantime of irreparable injury, the injunctive remedy will be withheld pending the trial’ (Allied-Crossroads Nuclear Corp. v Atcor, Inc., 25 AD2d 643, 644; CPLR 6301)” (Village of Honeoye Falls v Elmer, 69 AD2d 1010).

The conclusory allegations of plaintiff in support of its application do not establish that irreparable harm will result in the absence of injunctive relief. Thus, Special Term abused its discretion in granting the injunction. (Appeal from order of Supreme Court, Onondaga County, Tait, J. — preliminary injunction.) Present — Denman, J. P., Boomer, Balio, Lawton and Davis, JJ.

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Bluebook (online)

127 A.D.2d 1007, 513 N.Y.S.2d 66, 1987 N.Y. App. Div. LEXIS 53425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-john-merola-md-p-c-v-telonis-nyappdiv-1987.

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