Heldman v. Douglas
The Supreme Court, Queens County, initially granted a preliminary injunction against defendants Douglas and Stingo in an action for an injunction and money damages. The preliminary injunction was based on a non-compete covenant in a distributor's agreement between Heldman Catering Co., Inc. and the defendants. However, the appellate court reversed this order, denying the motion for a preliminary injunction. The court found the preliminary injunction improvidently granted because the covenant was unenforceable due to Heldman Catering Co., Inc. discontinuing business, there was substantial doubt regarding the agreement's authenticity, and the plaintiff failed to demonstrate that the defendants' conduct was enjoinable, as the business knowledge utilized was publicly available.