Blogs

Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

Posted: February 22, 2017

Court Erred in Vacating Undertaking Before Determining Damages Suffered From TRO

On February 16, 2017, the First Department issued a decision in Canales v. Finger, 2017 NY Slip Op. 01266, holding that it was error to vacate an undertaking before determining whether the defendants were damaged by entry of a temporary restraining order and ordering that the undertaking be posted again, explaining: [T]he court erred in… Read more »

Posted: February 4, 2017

Court Issues Injunction Enforcing Covenant Not to Compete

On January 12, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Shimon v. Paper Enterprises, Inc., 2017 NY Slip Op. 30101(U), issuing an injunction enforcing a covenant not to compete, explaining: It is well established that covenants not to compete, which relate to the sale of a business and its… Read more »

Posted: December 15, 2016

Irreparable Injury Presumed From Breach of Non-Compete Made In Connection With Sale of Business

On November 29, 2016, the First Department issued a decision in BDC Management Services, LLC v. Singer, 2016 NY Slip Op. 08006, affirming the grant of a preliminary injunction enforcing “non-competition and non-solicitation covenants,” explaining: Defendants do not dispute that they agreed to non-competition and non-solicitation covenants in connection with the sale of their business… Read more »

Posted: October 2, 2016

No Irreparable Harm Justifying Injunction When Damages Calculable

On September 27, 2016, the First Department issued a decision in Cityfront Hotel Assoc. Ltd. Partnership v. Starwood Hotels & Resorts Worldwide, Inc., 2016 NY Slip Op. 06164, affirming the denial of an injunction because of the failure to allege irreparable harm, explaining: The court providently exercised its discretion in denying the application to enjoin… Read more »

Posted: June 13, 2016

Commercial Division Remands Party To Jail For Civil Contempt

On June 3, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Gem Holdco, LLC v. Changing World Technologies, L.P., 2016 NY Slip Op. 31028(U), holding defendants and cross-claim defendants Dennis M. Danzik and RDX Technologies, Inc. (“RDX”) in civil contempt for violating Justice Kornreich’s prior: (a) March 18, 2015… Read more »

Posted: April 12, 2016

Client Q&A: I have a legal emergency! What can you do right now?

I have a legal emergency! What can you do right now? By John M. Lundin The wheels of justice can move slowly. Complex commercial cases can take years to resolve, even if the court and the parties do not delay. Sometimes, “justice delayed is justice denied,” and you need a court’s help immediately to prevent… Read more »

Posted: March 27, 2016

Plaintiff May Seek Specific Performance Requiring Defendant to Cooperate in Obtaining Permits

On March 17, 2016, Justice Oing of the New York County Commercial Division issued a decision in Little Cherry, LLC v. Two Bridges Housing Development Fund Co., 2016 NY Slip Op. 30435(U), holding that a plaintiff could seek an order requiring specific performance of contractual obligations to cooperate in obtaining regulatory approvals. In Little Cherry,… Read more »

Posted: November 30, 2015

Court Grants Attachment in Support of Collection of Foreign Judgment

On November 17, 2015, Justice DeStefano of the Nassau County Commercial division issued a decision in Passport Special Opportunities Master Fund, L.P. v. ARY Communications, Ltd., 2015 NY Slip Op. 51696(U), granting an attachment in support of the collection of a foreign judgment. In Passport Special Opportunities Master Fund, the plaintiff brought an “action to… Read more »

Posted: November 7, 2015

Court Refuses to Order Specific Performance of Restrictive Covenant

On October 19, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Marsh USA, Inc. v. Alliant Insurance Services, Inc., 2015 NY Slip Op. 51555(U), refusing to order specific performance of a restrictive covenant. In Marsh USA, the plaintiff sought specific performance of a restrictive covenant “enjoin[ing] the defendants from… Read more »

Posted: October 5, 2015

Balance of Equities Favors Defendant Despite “Catastrophic Result” to Plaintiff

On September 14, 2015, Justice Ramos of the New York County Commercial Division issued a decision in Obsessive Compulsive Cosmetics, Inc. v. Sephora USA, Inc., 2015 NY Slip Op. 31812(U), declining to grant a preliminary injunction despite the “catastrophic result” to the plaintiff. In Obsessive Compulsive Cosmetics, the plaintiff sought to enjoin the defendant from… Read more »