Opinion
May 18, 1998
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The court properly denied, without a hearing, the plaintiff's motion to preliminarily enjoin the defendants, the plaintiff's former employee and his new employer, from, inter alia, pursuing their business of caring for trees and shrubs anywhere in Nassau County for two years after the plaintiff had terminated the employment of the defendant Richard P. Katz. The plaintiff failed to meet its burden of showing the likelihood of success on the merits, any irreparable harm absent injunctive relief, and that the equities were balanced in its favor ( see, e.g., Skaggs-Walsh, Inc. v. Chmiel, 224 A.D.2d 680; Hudson Val. Propane Corp. v. Byrne, 24 A.D.2d 908; Abdallah v. Crandall, 273 App. Div. 131; see also, CPLR 6312).
Sullivan, J.P., Pizzuto, Altman and Friedmann, JJ., concur.