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LA MAGICA LLC v. 145 ATLANTIC LLC

654010/15, 4684N, 4683.

154 A.D.3d 515 (2017)

61 N.Y.S.3d 492

2017 NY Slip Op 07205

LA MAGICA LLC, Appellant, v. 145 ATLANTIC LLC, Respondent.

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

Decided October 12, 2017.

The motion court properly determined that plaintiff had failed to show a likelihood of success on the merits, thus requiring denial of the motion for a preliminary injunction (see Gama Aviation Inc. v Sandton Capital Partners, L.P., 93 A.D.3d 570 [1st Dept 2012]). The authenticity of plaintiff's claimed 2009 agreement acquiring the right to use the trade name allegedly used by defendant was undermined by evidence that plaintiff had...

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