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

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October 17, 2022 Yellowstone Injunction Motion Denied Because Tenant Failed to Show Ability to Cure
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
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, 20… Read More
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… Read More
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 Sl… Read More
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 i… Read More
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… Read More
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, … Read More
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 Mon… Read More
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… Read More
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,… Read More
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 … Read More
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 & Andre… Read More
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 Sut… Read More
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.… Read More
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. … Read More
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… Read More
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. Sing… Read More
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. Partner… Read More
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 G… Read More
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 Litt… Read More
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 i… Read More
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 M… Read More
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… Read More
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. Commu… Read More
May 30, 2015 Injunction Must Be Bonded
On May 26, 2015, the First Department issued a decision in Soldiers', Sailors', Marines' and Airmen'… Read More
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… Read More
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 … Read More
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 Niss… Read More
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. … Read More
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 M… Read More
November 15, 2014 Former Employees Preliminarily Enjoined from Carrying On New Business
On November 3, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in F… Read More
October 13, 2014 Commercial Non-Compete Agreement Enforced as Written, Including the Injunctive Relief and No-Bond Provisions
On October 2, 2014, Justice Platkin of the Albany County Commercial Division issued a decision in Er… Read More
September 16, 2014 Customer Lists Readily Ascertainable from Sources Outside Employer's Business not Trade Secrets
On August 21, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Ch… Read More
August 13, 2014 Supreme Court Decides Special Proceeding to Enjoin Trademark Violation Despite Co-Pending Federal Trademark Action
On August 4, 2014, Justice Ramos of the New York County Commercial Division issued a decision in Mat… Read More
June 6, 2014 SECOND UPDATE: Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
June 5, 2014 UPDATE Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
On June 3, 2014, we posted about dueling requests for "emergency" interim relief in a dispute concer… Read More
June 3, 2014 Guest Post: New York County Commercial Division Grants TRO Enforcing Restrictive Covenants Pending FINRA Arbitration with Departing Employees
This guest post was written by Isaac B. Zaur¬†of Clarick¬†Gueron¬†Reisbaum LLP. Last week saw rapid-… Read More
March 7, 2014 Standard for Pre-Award Attachment Under CPLR 7502(c) is that Award Must Otherwise Be "Rendered Ineffectual"
On March 6, 2014, the First Department issued a decision in Matter of Kadish v. First Midwest Securi… Read More