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Greystone Staffing, Inc. v. Niemeyer

Supreme Court of New York, Second Department

May 22, 2013

Greystone Staffing, Inc., appellant,
v.
Jessa Niemeyer, respondent.

Richard A. Kraslow, P.C., Melville, N.Y., for appellant.

Finkelstein & Feil, LLP, Garden City, N.Y. (Michael S. Finkelstein and Craig Riha of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, SANDRA L. SGROI, ROBERT J. MILLER, JJ.

DECISION & ORDER

In an action for injunctive relief and to recover damages for breach of a covenant not to compete, the plaintiff appeals from an order of the Supreme Court, Nassau County (Driscoll, J.), dated May 21, 2012, which denied its motion, in effect, for a preliminary injunction.

ORDERED that the order is affirmed, with costs.

For the reasons stated in the companion appeal (see Greystone Staffing, Inc. v Warner, _____ A.D.3d _____ [decided herewith]), the Supreme Court did not improvidently exercise its discretion in denying the plaintiff's motion, in effect, to preliminarily enjoin the defendant from, inter alia, soliciting any current or former customers of the plaintiff. We decline the defendant's request to impose a sanction upon the plaintiff for pursuing an allegedly frivolous appeal (see 22 NCYRR 130-1.1).

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.


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