Summary
affirming an injunction which specifically provided that "defendants shall not be enjoined from opening and servicing accounts of customers of [plaintiff] who have not been solicited by defendants and who voluntarily approach defendants"
Summary of this case from United States Trust Co., N.A. v. MaclachlanOpinion
January 23, 1990
Appeal from the Supreme Court, New York County (Francis N. Pecora, J.).
This action concerns the alleged improper acquisition and use by defendants of Pace Securities' confidential customer information. Plaintiffs seek a preliminary injunction restraining defendants from using this information pending a determination of their legal action. Plaintiffs have clearly demonstrated their likelihood of success on the merits, that they will be irreparably injured absent the issuance of a preliminary injunction and that the balance of the equities lies in their favor. (Grant Co. v. Srogi, 52 N.Y.2d 496, 517.) Trial Term's injunction, far from being overbroad, is narrowly drawn to prevent defendants from reaping the fruits of their improper conduct, while still allowing them to compete freely in the general marketplace.
Accordingly, as the grant of the preliminary injunction was not an abuse of the court's discretion (Picotte Realty v. Gallery of Homes, 66 A.D.2d 978), we affirm.
Concur — Murphy, P.J., Sullivan, Carro and Rosenberger, JJ.