Opinion
2005-00801.
September 12, 2005.
In an action, inter alia, to enjoin the defendants from breaching a noncompetition agreement, the plaintiffs appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated November 15, 2004, which denied their motion, among other things, for a preliminary injunction, enjoining the defendants from using any confidential information obtained from the plaintiffs.
Thacher Proffitt Wood, LLP, White Plains, N.Y. (Kevin J. Plunkett of counsel), and Morrison Cohen, LLP, New York, N.Y. (Y. David Scharf and Jay R. Speyer of counsel), for appellants (one brief filed).
Robinson Cole, LLP, New York, N.Y. (Michael B. Golden and Katherine C. Glynn of counsel), for respondents.
Before: Schmidt, J.P., S. Miller, Mastro and Rivera, JJ., concur.
Ordered that the order is affirmed, with costs.
The plaintiffs failed to demonstrate their entitlement to a preliminary injunction by showing a likelihood of success on the merits, the danger of irreparable harm, and a balance of the equities in their favor ( see Aetna Ins. Co. v. Capasso, 75 NY2d 860, 862; Gagnon Bus Co., Inc. v. Vallo Transp., Ltd., 13 AD3d 334, 335; Pearlgreen Corp. v. Yau Chi Chu, 8 AD3d 460, 461; Milbrandt Co. v. Griffin, 1 AD3d 327). Accordingly, the Supreme Court properly denied their motion.