AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

GLOBAL MERCHANTS, INC., Respondent, v. LOMBARD Co. et al., Appellants.

Even if newly substituted appellate counsel for plaintiff had not communicated to this Court that plaintiff consents to the vacatur of the preliminary injunction issued by Supreme Court, we would nonetheless reverse. Absent a showing of a likelihood of success on the merits, irreparable injury, and a balancing of the equities in the movant's favor, preliminary injunctive relief should not be granted ( Grant Co. v Srogi, 52 NY2d 496, 517).

In the case at bar, the preliminary injunction should not have been issued because Global failed to establish a likelihood of success on the merits. Global's inability to specify any contract breached as the result of defendant's actions renders it unlikely that it will succeed on its cause of action for tortious interference with contractual relations ( see, Guard-Life Corp. v Parker Hardware Mfg. Corp., 50 NY2d 183). Nor has Global established that it is likely to succeed on its cause of action alleging tortious interference with prospective contractual relations, business relations and economic relations given the absence of a showing that defendants' conduct consisted of fraudulent misrepresentations, threats or a violation of a duty of fidelity owed ( supra). Finally, in our view, the record also does not establish a likelihood of success on plaintiffs claims of trade libel, which requires "knowing publication of false matter derogatory to the plaintiffs' business" ( Waste Distillation Technology v Blasland Bouck Engrs., 136 AD2d 633, 634).

Use AI to get other relevant cases.

Comments

GLOBAL MERCHANTS, INC. v. LOMBARD CO
(Dec 12, 1996)