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Somers Stained Glass Corp. v. Somers Designs

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2000
277 A.D.2d 442 (N.Y. App. Div. 2000)

Opinion

Argued November 9, 2000.

November 28, 2000.

In an action, inter alia, to recover damages for unfair competition, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), entered November 5, 1999, which denied its motion for a preliminary injunction.

Spada Ardam, P.C., Smithtown, N.Y. (David M. Ardam of counsel), for appellant.

Forchelli, Curto, Schwartz, Mineo, Carlino Cohn, LLP, Mineola, N Y (Andrew E. Curto of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, LEO F. McGINITY, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

To prevail on a motion for a preliminary injunction, a movant must demonstrate: (1) a likelihood of success on the merits, (2) irreparable injury absent the granting of the preliminary injunction, and (3) a balancing of the equities in its favor ( see, Skaggs-Walsh Inc. v. Chmiel, 224 A.D.2d 680, 681; Family Affair Haircutters v. Detling, 110 A.D.2d 745, 747). As the plaintiff failed to demonstrate either a likelihood of success on the merits or irreparable injury, the Supreme Court properly denied its motion for a preliminary injunction.


Summaries of

Somers Stained Glass Corp. v. Somers Designs

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 2000
277 A.D.2d 442 (N.Y. App. Div. 2000)
Case details for

Somers Stained Glass Corp. v. Somers Designs

Case Details

Full title:SOMERS STAINED GLASS CORP., APPELLANT, v. SOMERS DESIGNS INC., RESPONDENT

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

Date published: Nov 28, 2000

Citations

277 A.D.2d 442 (N.Y. App. Div. 2000)
715 N.Y.S.2d 910

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