Appellate Division of the Supreme Court of New York, 2013

Greystone Staffing, Inc. v. Niemeyer

Greystone Staffing, Inc. v. Niemeyer
Appellate Division of the Supreme Court of New York · Decided May 22, 2013
106 A.D.3d 953; 965 N.Y.S.2d 381
Greystone Staffing, Inc. v. Niemeyer

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Opinion of the Court

—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, 106 AD3d 954 [2013] [decided herewith]), the Supreme Court did not improvidently exercise its discretion in denying the plaintiff’s motion, in effect, to *954preliminarily 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 NYCRR 130-1.1). Mastro, J.E, Leventhal, Sgroi and Miller, JJ., concur.

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