Durkin v. Durkin Fuel Acquisition Corp.

Full title: RAYMOND C. DURKIN et al., Appellants, v. DURKIN FUEL ACQUISITION CORP. et…

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

Date published: Feb 20, 1996

224 A.D.2d 574 (N.Y. App. Div. 1996)

639 N.Y.S.2d 716

Opinion

February 20, 1996

Appeal from the Supreme Court, Westchester County (Barone, J.).

Ordered that the order in Action No. 1 is affirmed; and it is further;

Ordered that the order in Action No. 2 is affirmed; and it is further,

Ordered that Durkin Fuel Acquisition Corp. and Robinson Oil Corp. are awarded one bill of costs.

The terms of the restrictive covenant in this case are reasonable under the circumstances ( see, Karpinski v. Ingrasci, 28 N.Y.2d 45; Town Line Repairs v. Anderson, 90 A.D.2d 517), and justify a preliminary injunction in Action No. 2.

With respect to the appeal from the order in Action No. 1, we note only that permanent injunctions and declaratory judgments are not provisional remedies and may not be obtained in a motion prior to the joinder of issue ( see, CPLR 103, 3001, 3211, 3212, 6301 et seq.). Rosenblatt, J.P., Miller, Ritter and Friedmann, JJ., concur.