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Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

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 »

Posted: September 27, 2015

Claims Against Union and its Officers Dismissed Under Martin Rule

On September 23, 2015, the Second Department issued a decision in Cablevision Systems Corp. v. Communications Workers of America District 1, 2015 NY Slip Op. 06874, affirming the dismissal of claims against a labor union and its officers. In Cablevision Systems, the plaintiff sued, among others, a labor union and several of its officers for…