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MAX v. ALP, INC.

Index No. 650618/19, Appeal No. 16145, Case No. 2021-02765.

206 A.D.3d 495 (2022)

168 N.Y.S.3d 324

2022 NY Slip Op 03968

Adam Max, Appellant, v. ALP, Inc., et al., Respondents, et al., Defendant. Lawrence Flynn, Nonparty Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2022.

Attorney(s) appearing for the Case

Olshan Frome Wolosky LLP, New York (John G. Moon, of counsel) for appellant.

Schlam Stone & Dolan LLP, New York (Jeffrey M. Eilender, of counsel) for respondents.

Concur—Acosta, P.J., Kapnick, Friedman, Mendez, Higgitt, JJ.

The motion court providently exercised its discretion in awarding preliminary injunctive relief. Defendants demonstrated a likelihood of success on the merits of at least their breach of fiduciary duty claim against plaintiff, and also demonstrated irreparable harm and that the balance of equities weighed in their favor (see generally Koultukis v Phillips, 285 A.D.2d 433, 435 [1st...

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