Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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April 9, 2025 Temporary Restraining Order Granted Where Movant Established Prima Facie Entitlement To Preliminary Injunction Based On Conduct Violating Earlier Permanent Injunction Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On March 11, 2025, Justice Andrew Borrok entered a temporary restraining order directing plaintiff Go New York Tours Inc. (“GONY”) to comply with certain asserted contractual obligations pending hearing and determination of a preliminary injunction application brought by defendant Vector Media, LLC (“Vector Media”). The case is Go New York Tours Inc. v. Vector Media, LLC, Index No. 151029/2025. Read More
August 9, 2023 Court Granted Motion for Reargument and Modified Preliminary Injunction To Include Defendant Company to Whom Defendant Employee Disclosed Confidential Information Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On June 20, 2023, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision and order on motion in Jordan, Edmiston Group, Inc. v. Wong, 2023 NY Slip Op 32090(U), granting in part the motion for reargument. The Court had previously granted a limited injunction against defendant employee for breaching the non-disclosure provision of the Employee Confidentiality and Non-Competition Agreement by disclosing confidential information to defendant company. The motion for reargument related to plaintiff’s claim for tortious interference by defendant company. The Court explained: Read More
October 17, 2022 Yellowstone Injunction Motion Denied Because Tenant Failed to Show Ability to Cure Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On September 28, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Urban Commons 2 W. LLC v. Battery Park City Authority, 2022 N.Y. Slip Op. 33268(U), denying a commercial tenant's motion for a Yellowstone inunction on the ground that the tenant failed to show that it had funds available to cure its default in the payment of rent if the landlord prevailed in the action, explaining: Read More
October 4, 2021 Court Enjoins Dilution of Membership Interest Despite Past Practice
On August 25, 2021, in Lengyel-Fushimi v. Bellis, et al., Kings Supt. Ct. Index No. 512764/2021… Read More
March 13, 2021 Court Erred in Issuing Injunction Where Party Seeking the Injunction Could be Made Whole by an Award of Money Damages
On March 4, 2021, the First Department issued a decision in Shelbourne BRF LLC v. SR 677 Bway LLC, 2… Read More
October 26, 2020 Court Issues Injunction, Enforcing Contract Term Providing that There Would be No Remedy At Law in the Event of Breach
On October 13, 2020, the First Department issued a decision in Vector Media, LLC v. Go New York Tour… Read More
August 3, 2020 Injunction Denied Because Alleged Harm Could be Remedied by an Award of Money Damages
On July 20, 2020, Justice Masley of the New York County Commercial Division issued a decision in Som… Read More
July 19, 2020 Court Vacates Preliminary Injunction Undertaking Because of Defendants' Failure to Obey the Injunction
On July 3, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Za… Read More
September 8, 2019 Court Grants Yellowstone Injunction, Noting Low Burden for Granting Such an Injunction
On July 11, 2019, Justice Livote of the Queens County Commercial Division issued a decision in US Ba… Read More
September 7, 2019 Court Grants Mandatory Injunction Requiring Defendant to Sign Document
On June 21, 2019, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mo… Read More
July 27, 2019 Court Explains Basis for Calculating Undertaking in Connection With An Injunction
On July 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in East… Read More
February 23, 2019 Employer Failed to Justify Injunction Enforcing Restrictive Covenant With Former Employee
On February 7, 2019, the First Department issued a decision in Harris v. Patients Med., P.C., 2019 … Read More
January 24, 2019 Undertaking Related to Injunction Released Because There Was No Finding That Plaintiff Was Not Entitled to Injunction
On January 16, 2019, the Second Department issued a decision in Candlewood Holdings, Inc. v. Valle,… Read More
January 20, 2019 Appeal of Preliminary Injunction Moot Because Act Sought to be Enjoined Already Occurred
On January 17, 2019, the First Department issued a decision in AmBase Corp. v. Spruce Capital Partne… Read More
September 22, 2018 Court Dismisses Claim for Equitable Accounting
On September 5, 2018, Justice Masley of the New York County Commercial Division issued a decision in… Read More
August 21, 2018 Injunction Denied for Lack of Irreparable Harm; Money Damages Sufficient
On August 7, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
July 6, 2018 Mandatory Injunction Properly Denied Because There Were No Extraordinary Circumstances
On June 28, 2018, the First Department issued a decision in Spectrum Stamford, LLC v. 400 Atlantic T… Read More
January 29, 2018 Court Properly Granted "Extreme" Remedy of Appointing Temporary Receiver
On January 24, 2018, the Second Department issued a decision in Meagher v. Doscher, 2018 NY Slip Op.… Read More
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… Read More
December 16, 2017 Court Explains Calculation of Undertaking on Attachment
On November 22, 2017, Justice Friedman of the New York County Commercial Division issued a decision … Read More

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