Dav-El Services, Inc. v. Commonwealth Worldwide Chauffeured Transportation of NY, LLC

Appellate Division of the Supreme Court of New York

Dav-El Services, Inc. v. Commonwealth Worldwide Chauffeured Transportation of NY, LLC

21 A.D.3d 928, 800 N.Y.S.2d 642, 2005 N.Y. App. Div. LEXIS 9072

Appellate Division of the Supreme Court of the State of New York·Decided September 12, 2005·Published·Cited by 2 cases

Opinion

In an action, inter alia, to enjoin the defendants from breaching a noncompetition agreement, the plaintiffs appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated November 15, 2004, which denied their motion, among other things, for a preliminary injunction, enjoining the defendants from using any confidential information obtained from the plaintiffs.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate their entitlement to a preliminary injunction by showing a likelihood of success on the merits, the danger of irreparable harm, and a balance of the equities in their favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; Gagnon Bus Co., Inc. v Vallo Transp., Ltd., 13 AD3d 334, 335 [2004]; Pearlgreen Corp. v Yau Chi Chu, 8 AD3d 460, 461 [2004]; Milbrandt & Co. v Griffin, 1 AD3d 327 [2003]). Accordingly, the Supreme Court properly denied their motion. Schmidt, J.P., S. Miller, Mastro and Rivera, JJ., concur.

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

In an action, inter alia, to enjoin the defendants from breaching a noncompetition agreement, the plaintiffs appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated November 15, 2004, which denied their motion, among other things, for a preliminary injunction, enjoining the defendants from using any confidential information obtained from the plaintiffs.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate their entitlement to a preliminary injunction by showing a likelihood of success on the merits, the danger of irreparable harm, and a balance of the equities in their favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; Gagnon Bus Co., Inc. v Vallo Transp., Ltd., 13 AD3d 334, 335 [2004]; Pearlgreen Corp. v Yau Chi Chu, 8 AD3d 460, 461 [2004]; Milbrandt & Co. v Griffin, 1 AD3d 327 [2003]). Accordingly, the Supreme Court properly denied their motion. Schmidt, J.P., S. Miller, Mastro and Rivera, JJ., concur.

Dav-El Services, Inc. v. Commonwealth Worldwide Chauffeured Transportation of NY, LLC, 21 A.D.3d 928, 800 N.Y.S.2d 642, 2005 N.Y. App. Div. LEXIS 9072 (N.Y. Ct. App. 2005).

Pincite

21 A.D.3d 928 (Dav-El Services, Inc. v. Commonwealth Worldwide Chauffeured Transportation of NY, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related