Greystone Staffing, Inc. v Niemeyer

Greystone Staffing, Inc. v Niemeyer 2013 NY Slip Op 03635 Decided on May 22, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 22, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2012-06893
(Index No. 4356/12)

[*1]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.


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, _____ AD3d _____ [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.

ENTER:

Aprilanne Agostino

Clerk of the Court