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Decided on December 13, 2004
Supreme Court, Nassau County

6803/04
COUNSEL FOR PLAINTIFF Dollinger, Gonski & Grossman, Esqs. One Old Country Road
P.O. Box 9010 Carle Place, New York 11514-9010 COUNSEL FOR DEFENDANTS Meyer, Suozzi, English & Klein, P.C.
1505 Kellum Place
Mineola, New York 11501
Leonard B. Austin, J.
Plaintiffs move and Defendants cross-moves for various preliminary injunctive relief pursuant to CPLR 6301.
BACKGROUND
Plaintiff Douglas Wyler ("Douglas") and Defendant Stephen ("Stephen") Wyler are brothers who, since June 1, 1977, have been engaged in the practice of veterinary medicine at the South Shore Animal Medical Hospital ("South Shore") located at 779 Peninsula Boulevard, Hempstead, New York. In 1991, the brothers commenced operation of a second practice located at 98-83 Queens Boulevard, Forest Hills under the name Trylon Vet Care, P.C. ("Trylon"). Each of the brothers is an officer, director and fifty (50%) percent shareholder of S.M. Wyler, D.V.M. and D.K. Wyler, D.V.M., P.C., which does business as South Shore and Trylon.
As the two practices grew, Douglas basically supervised the activities of, and practiced at, South Shore while Stephen supervised the activities of, and practiced at, Trylon. Over the last several years, however, it appears the brothers' personal, as well as business, relationship has deteriorated to such an extent that Douglas commenced this action for money damages based upon his brother's alleged mismanagement and waste of corporate assets in his handling the affairs of Trylon in violation of Business Corporation Law

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