Merola v. Telonis
| Decision Date | 27 February 1987 |
| Parties | A. John MEROLA, M.D., P.C., Respondent, v. James D. TELONIS, M.D. and Dennis J. Nave, M.D., Individually, Jointly and Severally, Appellants. |
| Court | New York Supreme Court — Appellate Division |
Williams, Micale & Wells, by Peter Wells, Syracuse, for appellants.
Robert N. Primo, by Frank Ventre, Syracuse, for respondent.
Before DENMAN, J.P., and BOOMER, BALIO, LAWTON, and DAVIS, JJ.
In this action for an injunction, plaintiff seeks to restrain defendants, James D. Telonis, M.D. and Dennis J. Nave, M.D., from allegedly violating "Covenants Not to Compete with Employer" and "Not to Solicit from Employer," both contained in employment contracts between the parties. Defendants appeal from an order granting plaintiff a preliminary injunction.
" 'Unless the plaintiff clearly demonstrates a necessity and urgency for relief in advance of a trial including the sustaining in the meantime of irreparable injury, the injunctive remedy will be withheld pending the trial' (Allied-Crossroads Nuclear Corp. v. Atcor, Inc., 25 A.D.2d 643, 644 ; CPLR 6301)" (Village of Honeoye Falls v. Elmer, 69 A.D.2d 1010, 416 N.Y.S.2d 148).
The conclusory allegations of plaintiff in support of its application do not establish that irreparable harm will result in the absence of injunctive relief. Thus Special Term abused its discretion in granting the injunction.
Order unanimously reversed on the law with costs and motion denied.
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