Prince Fashions, Inc. v. 542 Holding Corp.

*215Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered July 14, 2004, which, to the extent appealed from, denied plaintiffs motion for a Yellowstone injunction and denied defendant’s motion to dismiss that portion of plaintiffs first amended complaint seeking an accounting for the years 1996-1998 on res judicata grounds, unanimously modified, on the law, defendant’s motion granted, and otherwise affirmed, without costs.

Plaintiff does not dispute the court’s rejection of prior arguments for a Yellowstone injunction based on either defense counsel’s oral agreement to extend the…