Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

Posted: 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, Justice Ruchelsman denied leave to reargue its prior decision granting plaintiff a preliminary injunction enjoining the other members from diluting his membership interest by majority vote where the operating agreement required unanimous approval regardless of past practice, explaining: As noted,... Read more »

Posted: 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, 2021 NY Slip Op. 01346, holding that an injunction should not issue when the plaintiff can be made whole by money damages, explaining: As to the propriety of the preliminary injunction, we find that plaintiffs failed... Read more »

Posted: 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 Tours Inc., 2020 NY Slip Op. 05707, enforcing a contract term providing that there would be no remedy at law in the event of a breach, explaining: The court providently exercised its discretion in granting the preliminary... Read more »

Posted: 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 Somera Rd. – 1100 Main St., LLC v. TPG RE Fin. 1, Ltd., 2020 NY Slip Op. 32374(U), denying an injunction because the alleged harm could be remedied by money damages, explaining: Next, plaintiff has not established irreparable... Read more »

Posted: 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 Zacharias v. Wassef, 2020 NY Slip Op. 32161(U), vacating a preliminary injunction undertaking because of the defendants’ failure to obey the injunction, explaining: On this motion, plaintiffs seek an order cancelling and discharging the undertaking. CPLR 6312(b) requires... Read more »

Posted: 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 Bank N.A. v N. Blvd. 4818, LLC, 2019 NY Slip Op. 32572(U), granting a Yellowstone injunction staying the termination of a commercial lease, explaining: A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted... Read more »

Posted: 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 Monarch Towers 1, LLC v. Hirakis, 2019 NY Slip Op. 32576(U), granting a mandatory injunction requiring a defendant to sign an appication to the City Department of Buildings, explaining: In order to obtain a preliminary injunction, plaintiff SBA... Read more »

Posted: 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 Eastmore Mgt., LLC v. Gunta, 2019 NY Slip Op. 32040(U), illustrating the calculation of an undertaking in conjunction with an injunction: CPLR 6312(b) provides that prior to the granting of a preliminary injunction, the plaintiff shall give an... Read more »

Posted: 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 NY Slip Op. 00974, holding that an employer had failed to justify an injunction enforcing a restrictive covenant with a former employee, explaining: A preliminary injunction is an extraordinary provisional remedy which will only issue where the proponent demonstrates... Read more »

Posted: 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, 2019 NY Slip Op. 00255, holding that an undertaking related to an injunction should have been released because there was no finding that the plaintiff was not entitled to the injunction, explaining: Before the Supreme Court directed the entry of... Read more »