Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

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 »

Posted: May 7, 2017

Even if Statutory Basis for Attachment Met, Must be Showing Judgment Will Not Be Paid

On April 21, 2017, Justice Friedman of the New York County Commercial Division issued a decision in Mascis Investment Partnership v. SG Capital Corp., 2017 NY Slip Op. 30813(U), holding that even where the statutory basis for an attachment is met, there must be a showing that there is a risk that the judgment will… Read more »

Posted: April 14, 2017

Full Amount of Defense Costs in Underlying Action Recoverable as Damages for Wrongful Attachment

On April 11, 2017, the First Department issued a decision in Citibank, N.A. v. Keenan Powers & Andrews PC, 2017 NY Slip Op. 02766, holding that a plaintiff was liable for the full cost of the defense of an action as damages for a wrongful attachment, explaining: Secure Title is entitled to the damages it… Read more »

Posted: April 2, 2017

Preliminary Injunction Issued Requiring Defendant to Record Mortgages in Plaintiff’s Favor

On March 22, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Suttongate Holdings Ltd. v. Laconm Management N.V., 2017 NY Slip Op. 30568(U), issuing a preliminary injunction requiring a defendant to grant mortgages in the plaintiff’s favor, explaining: A party seeking preliminary injunctive relief pursuant to CPLR 6301 must… Read more »

Posted: March 6, 2017

Trial Court Ordered to Determine Undertaking Based on Evidentiary Submissions

On February 23, 2017, the First Department issued a decision in Spivak v. Bertrand, 2017 NY Slip Op. 01460, reversing a trial court’s determination of the undertaking to be posted in conjunction with an injunction, explaining: We find that the amount of the undertaking fixed by the motion court is not rationally related to the… Read more »

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 »