Opinion
June 26, 1995
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the order is affirmed, with costs.
Where, as here, the right to a preliminary injunction enjoining the use of customer lists is not plain from undisputed facts, but rather, the affidavits of the parties show that key facts are in sharp dispute and can only be resolved after a trial, the application will not be granted (see, e.g., Price Paper Twine Co. v. Miller, 182 A.D.2d 748, 750; BR Ambulance Serv. v Nationwide Nassau Ambulance, 150 A.D.2d 745, 747; Shannon Stables Holding Co. v. Bacon, 135 A.D.2d 804, 805). Bracken, J.P., Rosenblatt, Krausman and Goldstein, JJ., concur.