Summary
The Appellate Division, First Department, reversed orders granting SilverLining Interiors, Inc. a preliminary injunction enforcing a noncompetition provision against Joel Arencibia. The court held that, in light of its prior determination that the covenant was overly broad and unenforceable, SilverLining could not establish entitlement to injunctive relief.
Holdings
- SilverLining could not obtain a preliminary injunction enforcing the covenant because the Appellate Division had already determined that the covenant was overly broad and unenforceable, leaving SilverLining unable to make the showing required for preliminary injunctive relief.
- The orders granting and entering the preliminary injunction were reversed, the motion was denied, and the injunction was vacated.
Questions Presented
- Whether SilverLining could obtain a preliminary injunction enforcing a noncompetition covenant that had previously been held unenforceable as overly broad.
- Whether the Supreme Court's orders granting and entering the preliminary injunction should be reversed and the injunction vacated.
Disposition
reversed
Cases Cited (4)
- Arencibia v. SilverLining, Inc., 2025 WL 294685, *2-*4 (Sup. Ct., N.Y. County 2025)(followed)
- Arencibia v. SilverLining, Inc., 242 AD3d 566, 567 (1st Dep't 2025)(followed)
- U.S. Re Cos. Inc. v. Scheerer, 41 AD3d 152, 155-156 (1st Dep't 2007)(applied)
- Modern Telecommunications v. Zimmerman, 140 AD2d 217, 221 (1st Dep't 1988)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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