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Digestive Liver Disease, P.C. v. Patel

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 423 (N.Y. App. Div. 2005)

Opinion

2003-10306.

May 2, 2005.

In an action to enforce a restrictive covenant contained in an employment agreement, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated September 26, 2003, denying its motion for a preliminary injunction.

Before: Adams, J.P., Santucci, Goldstein and Lifson, JJ., concur.


Ordered that the order is affirmed, with costs.

A preliminary injunction will not be granted unless the moving party first establishes (1) a likelihood of ultimate success on the merits, (2) that irreparable injury will occur absent a preliminary injunction, and (3) a balancing of the equities favors the movant ( see CPLR 6301; W.T. Grant Co. v. Srogi, 52 NY2d 496). Where the facts are sharply disputed, those elements cannot be established and the motion for a preliminary injunction will be denied ( see Morley Distribs. v. Merinberg, 216 AD2d 544; Price Paper Twine Co. v. Miller, 182 AD2d 748; Family Affair Haircutters v. Detling, 110 AD2d 745, 747).

Here, the facts surrounding the termination of the defendant's employment from the plaintiff corporation are sharply disputed. As a result, the court could not determine that a balancing of the equities favors the plaintiff. Thus, the preliminary injunction was properly denied.


Summaries of

Digestive Liver Disease, P.C. v. Patel

Appellate Division of the Supreme Court of New York, Second Department
May 2, 2005
18 A.D.3d 423 (N.Y. App. Div. 2005)
Case details for

Digestive Liver Disease, P.C. v. Patel

Case Details

Full title:DIGESTIVE LIVER DISEASE, P.C., Respondent, v. SUNIL PATEL, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 2, 2005

Citations

18 A.D.3d 423 (N.Y. App. Div. 2005)
793 N.Y.S.2d 773

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