BERGEN-FINE v. OIL HEAT INSTITUTE, INC.


280 A.D.2d 504 (2001)

720 N.Y.S.2d 378

JANICE BERGEN-FINE, Appellant, v. OIL HEAT INSTITUTE, INC., et al., Defendants, and SUNRISE MEDICAL LABORATORIES et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 13, 2001.


Ordered that the order is affirmed, with costs.

The determination as to whether to issue a preliminary injunction is a matter left to the sound discretion of the Supreme Court (see, Doe v Axelrod, 73 N.Y.2d 748, 750). Here, the Supreme Court providently exercised its discretion, since the plaintiff did not establish her right to preliminary injunctive relief (see, Doe v Axelrod...

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