Opinion
February 16, 1971
In an action for an injunction and other relief, defendants appeal from an order of the Supreme Court, Kings County, dated November 13, 1970, which granted plaintiffs' motion for a preliminary injunction and, inter alia, (1) enjoined defendant Irving Smulofsky from participating in a truck rental business, (2) enjoined defendant Salem Truck Leasing, Inc., from employing defendant Irving Smulofsky and (3) enjoined defendants Smulofsky Bros., Inc., Lawrence Tropper (doing business as M L Delivery) and David Rosen from renting trucks from defendant Salem Truck Leasing, Inc. On this appeal we have reviewed a later order of said court dated November 25, 1970, which granted defendants' motion for reargument but adhered to the original decision (CPLR 5517, subd. [b]). Appeal from order of November 13, 1970 dismissed as academic. That order was superseded by the order which granted reargument. Order dated November 25, 1970 affirmed insofar as it adhered to the original decision. Respondents are awarded a single bill of $10 costs and disbursements to cover the dispositions herein as to both orders. As we read the order under review, defendant Irving Smulofsky is not restrained from soliciting customers for defendant Salem Truck Leasing, Inc., so long as they are not customers who were on plaintiffs' books for the five-year period preceding the execution of the November 19, 1969 agreement between defendant Irving Smulofsky and plaintiffs. This case should proceed to an early trial. Rabin, P.J., Hopkins, Munder, Martuscello and Latham, JJ., concur.