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Bergen-Fine v. Oil Heat Institute, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2001
280 A.D.2d 504 (N.Y. App. Div. 2001)

Opinion

Submitted January 9, 2001.

February 13, 2001.

In an action, inter alia, to permanently enjoin the defendants from seeking to collect a debt allegedly owed by the plaintiff, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated March 30, 2000, which denied her motion for a preliminary injunction enjoining the defendants Sunrise Medical Laboratories and First Choice Medical Care from, inter alia, taking or authorizing any collection activity against her.

Fine Hummel, P.C., Huntington, N.Y. (Ralph A. Hummel of counsel), for appellant.

Siegel Melillo, Hauppauge, N.Y. (Amy B. Siegel of counsel), for respondent Sunrise Medical Laboratories.

Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The determination as to whether to issue a preliminary injunction is a matter left to the sound discretion of the Supreme Court (see, Doe v. Axelrod, 73 N.Y.2d 748, 750). Here, the Supreme Court providently exercised its discretion, since the plaintiff did not establish her right to preliminary injunctive relief (see, Doe v. Axelrod, supra).


Summaries of

Bergen-Fine v. Oil Heat Institute, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2001
280 A.D.2d 504 (N.Y. App. Div. 2001)
Case details for

Bergen-Fine v. Oil Heat Institute, Inc.

Case Details

Full title:JANICE BERGEN-FINE, APPELLANT, v. OIL HEAT INSTITUTE, INC., ET AL.…

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

Date published: Feb 13, 2001

Citations

280 A.D.2d 504 (N.Y. App. Div. 2001)
720 N.Y.S.2d 378

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