AMC Corp. v. Advance Computer Management Group Inc.

Appellate Division of the Supreme Court of New York

AMC Corp. v. Advance Computer Management Group Inc.

295 A.D.2d 109, 742 N.Y.S.2d 821, 2002 N.Y. App. Div. LEXIS 5884

Appellate Division of the Supreme Court of the State of New York·Decided June 4, 2002·Published

Opinion

—Order, Supreme Court, New York County (Helen Freedman, J.\ entered on or about February 5, 2002, which, to the extent appealed from, denied in part plaintiffs motion for preliminary injunctive relief, unanimously affirmed, without costs.

Inasmuch as plaintiff failed to adduce sufficient evidence demonstrating that it was likely to prevail on the merits on its causes for tortious interference with prospective economic advantage, trade disparagement, misappropriation of trade secrets, unfair competition, breach óf fiduciary duty and breach of contract, its motion for broad preliminary injunctive relief was properly denied (see, W.T. Grant Co. v Srogi, 52 NY2d 496, 517). Since plaintiff in its moving papers failed to demonstrate the elements necessary to issuance of a preliminary injunction, no hearing on the motion was required (see, Kvaerner U.S. v Merita Bank, 288 AD2d 6; CPLR 6312 [c]). Concur—Williams, P.J., Saxe, Buckley, Sullivan and Ellerin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Helen Freedman, J.\ entered on or about February 5, 2002, which, to the extent appealed from, denied in part plaintiffs motion for preliminary injunctive relief, unanimously affirmed, without costs.

Inasmuch as plaintiff failed to adduce sufficient evidence demonstrating that it was likely to prevail on the merits on its causes for tortious interference with prospective economic advantage, trade disparagement, misappropriation of trade secrets, unfair competition, breach óf fiduciary duty and breach of contract, its motion for broad preliminary injunctive relief was properly denied (see, W.T. Grant Co. v Srogi, 52 NY2d 496, 517). Since plaintiff in its moving papers failed to demonstrate the elements necessary to issuance of a preliminary injunction, no hearing on the motion was required (see, Kvaerner U.S. v Merita Bank, 288 AD2d 6; CPLR 6312 [c]). Concur—Williams, P.J., Saxe, Buckley, Sullivan and Ellerin, JJ.

AMC Corp. v. Advance Computer Management Group Inc., 295 A.D.2d 109, 742 N.Y.S.2d 821, 2002 N.Y. App. Div. LEXIS 5884 (N.Y. Ct. App. 2002).

Pincite

295 A.D.2d 109 (AMC Corp. v. Advance Computer Management Group Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related