Blogs

Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

Posted: January 13, 2018

Court Refuses to Enjoin Spin-Off of Assets from Defendant

On January 3, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Magna Equities II, LLC v. Writ Media Group Inc., 2018 NY Slip Op. 30017(U), refusing to enjoin the spin-off of assets from the defendants, explaining: The party seeking a preliminary injunction must demonstrate a probability of success on… Read more »

Posted: November 29, 2017

K-1s Not Dispositive Proof of Partnership Interests

On November 28, 2017, the First Department issued a decision in Rakosi v. Sidney Rubell Co., LLC, 2017 NY Slip Op. 08341, holding that K-1s were not dispositive proof of a partnership interest, explaining: Defendants present the entities’ K-1s as dispositive proof that Rubell family LLC-transferees of Rubell’s interests are entity partners; however, such documents,… Read more »

Posted: November 25, 2017

Tenant Must Seek Yellowstone Injunction Before Cure Period Ends

On November 22, 2017, the Second Department issued a decision in Riesenburger Properties, LLLP v. Pi Associates, LLC, 2017 NY Slip Op. 08294, affirming the denial of a Yellowstone injunction because the tenant sought the injunction after the time to cure the defects alleged by the landlord had expired, explaining: A Yellowstone injunction maintains the… Read more »

Posted: October 30, 2017

Regardless of Merits, Court Should Not Have Granted Injunction When Money Damages Sufficient

On October 19, 2017, the First Department issued a decision in JSC VTB Bank v. Mavlyanov, 2017 NY Slip Op. 07339, holding that regardless of the strength of the plaintiff’s case, the court should not have issued an injunction when money damages were sufficient to redress its injuries, explaining: [O]n the merits, the court should… Read more »

Posted: October 28, 2017

Court Refuses to Issue Injunction Enforcing Restrictive Covenants

On September 28, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in Devos, Ltd. v. United Returns, Inc., 2017 NY Slip Op. 51379(U), refusing to issue an injunction enforcing restrictive covenants in employment contracts, explaining: New York courts have long held that, since there are powerful considerations of public policy which… Read more »

Posted: September 21, 2017

Turnover Order Can Relate to Out-of-State Property

On September 1, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Kassover v. Prism Ventures Partners, LLC, 2017 NY Slip Op. 31933(U), holding that a turnover order can apply to out-of-state property, explaining: The Court of Appeals has held that CPLR Article 52 contains no express territorial limitation. Turnover… Read more »

Posted: August 30, 2017

Court Erred in Granting Preliminary Injunction Without Ordering Plaintiff to Give Undertaking

On August 23, 2017, the Second Department issued a decision in Mobstub, Inc. v. www.staytrendy.com, 2017 NY Slip Op. 06265, holding that it was error to issue a preliminary injunction without requiring an undertaking, explaining: However, upon the granting of a preliminary injunction, a plaintiff shall give an undertaking in an amount to be fixed… Read more »

Posted: July 31, 2017

Fact Issues Do Not Preclude Issuance of a Yellowstone Injunction

On June 9, 2017, Justice Grays of the Queens County Commercial Division issued a decision in SBA Monarch Towers I, LLC. v. Hirakis, 2017 NY Slip Op. 31580(U), granting a Yellowstone injunction despite issues of fact regarding the merits, explaining: The purpose of a Yellowstone injunction is to enable a tenant confronted by a notice… Read more »

Posted: July 24, 2017

Court Declines to Award Attachment Due to Lack of Evidence of Intent to Defraud

On July 17, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Del Forte USA, Inc. v. Blue Beverage Group, Inc., 2017 NY Slip Op. 31525(U), refusing to grant an attachment due to a lack of evidence of fraudulent intent, explaining: In order to be granted an order of attachment under… Read more »

Posted: June 19, 2017

Undertaking Vacated Because Not Related to Potential Damages That Might Result from Injunction

On June 14, 2017, the Second Department issued a decision in Olympic Ice Cream Co., Inc. v. Sussman, 2017 NY Slip Op. 04852, vacating an undertaking and remitting for determination of the amount of undertaking that would compensate for damages suffered if the injunction was improvidently issued, explaining: The fixing of the amount of an… Read more »