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Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

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… Posted in Commercial, Injunctions Attachments and Other Preliminary Remedies

Posted: March 18, 2015

Court Grants Preliminary Injunction/Attachment Order Directing Party That Spent Disputed Funds To Deposit Equivalent Amount In Segregated Account

On March 18, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in GEM Holdco, LLC v. Changing World Technologies, L.P., New York County Index No. 650841/2013, granting pre-judgment attachment of funds from federal tax credits, including ordering the restrained party to deposit cash in the amount equal to the tax… Read more »

Posted: March 14, 2015

Court Analyzes Damages For Which Enjoined Party May Recover

On February 27, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Metropolitan Lofts of NY, LLC v. Metroeb Realty 1, LLC, 2015 NY Slip Op. 50251(U), awarding the plaintiff the proceeds of the bond for the damages it sustained by reason of a preliminary injunction. In Metropolitan Lofts, the plaintiff… Read more »

Posted: February 23, 2015

Civil Contempt Granted For Use of Company Funds to Pay Attorney Fees in a Dissolution Proceeding

On February 5, 2015, Justice Kitzes of the Queens County Commercial Division issued a ruling in Nissim Kassab v. Avraham Kassab et al. granting a motion for civil contempt. Kassab, a hybrid special proceeding and action, concerns an LLC (“Mall”) and a corporation (“Corner”) which own adjoining properties and are both owned 25% by Nissim… Read more »

Posted: January 29, 2015

First Department Affirms Injunction Pending Arbitration Based, In Part, On Agreement Limiting Damages

On January 22, 2015, the First Department issued a decision in Matter of Rockwood Pigments NA, Inc. v. Elementis Chromium LP, 2015 NY Slip Op. 00612, affirming the grant of a preliminary injunction prohibiting the termination of a distributorship agreement pending arbitration of the parties’ dispute. This post focuses on one aspect of the Rockwood… Read more »

Posted: December 15, 2014

Party Sanctioned for Harassing Opponent

On December 8, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Morningside Translations, Inc. v. Tsaidi, 2014 NY Slip Op. 51710(U), sanctioning a plaintiff and one of its officers for harassing defendants. In Morningside Translations, the plaintiff sued the defendants for allegedly explointing the plaintiff’s “confidential and proprietary information,… Read more »