Morley Distributors, Inc. v. Merinberg

In an action, inter alia, to permanently enjoin the defendants from soliciting the plaintiffs’ customers, the plaintiffs appeal from an order of the Supreme Court, Kings County (Dowd, J.), dated April 13, 1994, which denied their motion pursuant to CPLR *5456301 for a preliminary injunction enjoining the defendants from engaging in such solicitation.

Ordered that the order is affirmed, with costs.

Where, as here, the right to a preliminary injunction enjoining the use of customer lists is not plain from undisputed facts, but rather, the affidavits of the parties show that key facts are in sharp…