Opinion
5746N.
March 29, 2005.
Order, Supreme Court, New York County (Herman Cahn, J.), entered September 2, 2004, which granted plaintiff's motion for a preliminary injunction, unanimously affirmed, without costs.
Before: Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.
In this action alleging breach of a noncompetition agreement made in connection with the sale by appellants of a certain segment of their business and goodwill to plaintiff, plaintiff in seeking a preliminary injunction adequately demonstrated a likelihood of success on the merits, irreparable injury in the absence of the sought relief, and a balance of the equities in its favor ( see W.T. Grant Co. v. Srogi, 52 NY2d 496, 517). The evidence of the breaches alleged by plaintiff was of sufficient strength to warrant a finding that plaintiff was likely to succeed on the merits, notwithstanding any triable issues raised by appellants ( see CPLR 6312 [c]; Frank May Assoc., Inc. v. Boughton, 281 AD2d 673, 675). We note as well that irreparable injury is presumed from the breach of a noncompetition agreement entered into to protect a buyer's purchase of a business and accompanying goodwill ( see Lund v. Agmata Washington Enters., Inc., 190 AD2d 577; Hay Group, Inc. v. Nadel, 170 AD2d 398, 399).
We have considered appellants' remaining arguments and find them unavailing. [ See 7 Misc 3d 1008(A), 2004 NY Slip Op 51869(U) (2004).]