| Wiener v Life Style Futon, Inc. |
| 2008 NY Slip Op 01141 [48 AD3d 458] |
| February 5, 2008 |
| Appellate Division, Second Department |
| Joel Wiener et al., Appellants-Respondents, v Life StyleFuton, Inc., et al., Respondents-Appellants. |
—[*1] Emanuel R. Gold, Forest Hills, N.Y., for respondents-appellants.
In an action, inter alia, to recover damages for breach of contract, (1) the plaintiffs appeal, aslimited by their brief, from stated portions of an order of the Supreme Court, Queens County(Hart, J.), dated May 9, 2006, which, among other things, denied those branches of their motionwhich were for a preliminary injunction enjoining the defendants from utilizing the trade name"Life Style" and any variation thereof, selling futon covers wholesale, interfering with any mailaddressed to "Life Style Futon Covers," and taking checks made payable to "Life Style FutonCovers," and granted those branches of the defendants' cross motion which were for apreliminary injunction enjoining them from utilizing the trade names "Life Style Futon Covers,""Life Style Futon, Inc.," and "Life Style Futon," utilizing the term "Life Style" when makingretail sales of mattresses or furniture on the Internet, and utilizing the factory address or any logoused in the past by the defendants in connection with the retail and internet sales of mattressesand furniture, and (2) the defendants cross appeal from stated portions of the same order.
Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [e]);and it is further,
Ordered that the order is affirmed insofar as appealed from by the plaintiffs, with costs to thedefendants.
In order to obtain a preliminary injunction (see CPLR 6301), the moving party must[*2]demonstrate (1) a likelihood of success on the merits, (2) anirreparable injury absent the granting of injunctive relief, and (3) a balancing of the equities in itsfavor (see Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; Iron Mtn. Info. Mgt., Inc. v Pullman,41 AD3d 656 [2007]). To the extent the Supreme Court denied certain injunctive relief tothe plaintiffs and granted certain injunctive relief to the defendants, we find no basis, on thisrecord, to disturb the court's determination.
The plaintiffs' remaining contentions are without merit. Fisher, J.P., Santucci, Lifson andCovello, JJ., concur.