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BRUDERMAN BROS., LLC v. GOLDBERG

Index No. 656979/19. Appeal No. 13546. Case No. 2020-04258.

193 A.D.3d 478 (2021)

148 N.Y.S.3d 16

2021 NY Slip Op 02218

Bruderman Brothers, LLC, et al., Respondents, v. Gary M. Goldberg, Appellant.

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

Decided April 8, 2021.

Attorney(s) appearing for the Case

Fox Rothschild LLP, New York ( Marc J. Gross of counsel), for appellant.

Duane Morris LLP, New York ( Mario Aieta of counsel), for respondents.

Concur—Webber, J.P., Mazzarelli, González, Mendez, JJ.

The motion court providently exercised its discretion in granting the preliminary injunction (see Doe v Axelrod, 73 N.Y.2d 748, 750 [1988]; Ciminello Prop. Assoc. v New 970 Colgate Ave. Corp., 173 A.D.3d 447, 448 [1st Dept 2019]). Plaintiffs met their burden of showing a probability of success on the merits (see Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 N.Y.3d 839, 840 [2005...

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