Opinion
June 22, 1998
Appeal from the Supreme Court, Nassau County (Levitt, J.).
Ordered that the orders are affirmed, with one bill of costs.
The Supreme Court dismissed the plaintiffs second and fourth causes of action on the ground that the plaintiff impermissibly split its breach of contract claim. However, we find that the second cause of action should have been dismissed as it was merely a repetition of the first cause of action (see, Squire Records v. Vanguard Recording Socy., 25 A.D.2d 190, affd 19 N.Y.2d 797).
The dismissal of the third cause of action on the ground that it was a negligence cause of action predicated on a duty arising out of a contract was proper (see, New York Univ. v. Continental Ins. Co., 87 N.Y.2d 308, 316; Vought v. Teacher Coll., 127 A.D.2d 654), and the dismissal of the fourth cause of action was warranted on the same ground.
The court properly denied the plaintiffs cross motion for leave to amend the complaint (see, General Motors Acceptance Corp. v. Shickler, 96 A.D.2d 926).
The defendant was entitled to a preliminary injunction since it sufficiently established the likelihood of success on the merits and irreparable harm in the absence of injunctive relief and demonstrated a balancing of equities in its favor. (see, Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860; Doe v. Axelrod, 73 N.Y.2d 748; Standardbred Owners' Assn. v. Yonkers Racing Corp., 239 A.D.2d 491).
The appellant's remaining claims are either unpreserved for appellate review or do not warrant reversal.
Pizzuto, J.P., Santucci, Altman and Luciano, JJ., concur.