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AIU INSURANCE COMPANY et al., Appellants, v. THE ROBERT PLAN CORPORATION et al., Respondents. THE ROBERT PLAN CORPORATION et al., Counterclaim Plaintiffs-Respondents,

The court properly determined that TRP demonstrated that it was entitled to injunctive relief and compelled AIU to provide TRP with access to the information being sought. The relevant agreement between the parties is clear that TRP was to have access to the data that pertained to policies it had administered even after termination of the agreement, and the court appropriately declined to adopt the interpretation of the agreement set forth by AIU because such an interpretation would strain the language of the contract beyond its reasonable and ordinary meaning ( Consolidated Edison Co. of N.Y. v United Coastal Ins. Co., 216 AD2d 137, lv denied 87 NY2d 808). TRP also established that it would be irreparably harmed if not provided with the information, which was critical to its business, and in light of the difficulty and uncertainty in calculating the future damages it would suffer as a result of AIU's breach of the agreement ( see Pfizer Inc. v PCS Health Sys., 234 AD2d 18). A balancing of the equities, as well as the need to preserve the status quo between the parties, further warrants the relief granted by the court. [See 14 Misc 3d 1216(A), 2006 NY Slip Op 52536(U).]

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AIU INS. v. ROBERT PLAN CORP
(Oct 4, 2007)