Opinion
DOCKET NO. CA 17-01941
11-30-2017
VALMAR MERCHANT SERVICES, LLC, PLAINTIFF-APPELLANT, v. NEW LINE PROCESSING, LLC, DANIEL ABADIR, MICHAEL BOUSQUET, AND SUSAN ABADIR, DEFENDANTS-RESPONDENTS.
PRESENT:
Appellant having moved, upon the return of an order to show cause granted by the Honorable John M. Curran on November 6, 2017, for a stay pursuant to CPLR 5519 of the order of Supreme Court entered in the Office of the Clerk of the County of Erie on October 13, 2017, or, in the alternative, for a preliminary injunction pursuant to CPLR 5518, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the affidavit of David E. Gutowski, Esq., sworn to October 23, 2017, and the statements of David E. Gutowski, Esq., dated October 23, 2017 and November 16, 2017, said show cause order with proof of service thereof, and the statement of Richard A. Braden, Esq., dated November 13, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that all relief provided by the order to show cause signed November 6, 2017, is continued in all respects as provided below, and
It is further ORDERED that defendants are restrained and enjoined from: (1) soliciting appellant's "Merchants" or "Executed Merchants" as defined in the relevant contract between the parties, to the extent those entities or individuals were such on or before June 30, 2017; and (2) from utilizing appellant's "Proprietary Services" as referenced in the relevant contract, and
It is further ORDERED that this Court's directives remain in effect until June 30, 2018, unless earlier vacated or extended by order of this Court, and
It is further ORDERED that the undertaking in the amount of $100,000, which has been posted by appellant, shall continue to remain a condition of the injunctive relief granted herein.
Entered: November 30, 2017
Mark W. Bennett, Clerk