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LA MAGICA LLC, plf-ap, v. 145 ATLANTIC LLC, def-res

4683-4684N. LA MAGICA LLC, plf-ap, v. 145 ATLANTIC LLC, def-res — Ellenoff Grossman & Schole LLP, New York (James K. Landau of counsel), for ap — Forcina Law, Middle Village (Elio Forcina of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about March 9, 2016, which denied plaintiff's motion for a preliminary injunction, and order, same court and Justice, entered on or about July 20, 2016, which, to the extent appealed from, denied plaintiff's motion to renew, unanimously affirmed, without costs.

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4683-4684N. LA MAGICA LLC, plf-ap, v. 145 ATLANTIC LLC, def-res — Ellenoff Grossman & Schole LLP, New York (James K. Landau of counsel), for ap — Forcina Law, Middle Village (Elio Forcina of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about March 9, 2016, which denied plaintiff’s motion for a preliminary injunction, and order, same court and Justice, entered on or about July 20, 2016, which, to the extent appealed from, denied plaintiff’s motion to renew, unanimously affirmed, without costs.

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 AD3d 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 sought to acquire the right to use the trade name after 2009. Even if some evidence of such later attempts constituted hearsay, the other evidence submitted by defendant was sufficient to undermine the authenticity of the purported agreement.

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