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Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

Posted: 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 Storper v. WL Ross & Co., LLC, 2018 NY Slip Op. 32235(U), dismissing a claim for equitable accounting, explaining: Plaintiffs have failed to plead facts sufficient to support a legally viable claim for an equitable accounting. To be entitled… Read more »

Posted: 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 Seeking Valhalla Trust v. Deane, 2018 NY Slip Op. 31920(U), denying a motion for an injunction because the availability of money damages meant that they would not suffer irreparable harm, explaining: [T]he motion fails for lack of irreparable… Read more »

Posted: 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 Title, LLC, 2018 NY Slip Op. 04853, holding that a mandatory injunction had been properly denied because there were no extraordinary circumstances, explaining: Here, Supreme Court properly exercised its discretion in denying plaintiff’s motion for an injunction. Defendant… Read more »

Posted: 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. 00420, approving the appointment of a temporary receiver, explaining: [T]he Supreme Court properly granted the plaintiffs’ motion in Action No. 2 to appoint a temporary receiver for Emerson Associates. The appointment of a temporary receiver is an… Read more »

Posted: 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 Magna Equities II, LLC v. Writ Media Group Inc., 2018 NY Slip Op. 30017(U), refusing to enjoin the spin-off of assets from the defendants, explaining: The party seeking a preliminary injunction must demonstrate a probability of success on… Read more »

Posted: 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 in MyPart Software, Ltd. v. Fluent Trade Tech. Ltd., 2017 NY Slip Op. 32499(U), explaining the calculation of an undertaking on an attachment: By separate motion, petitioner MyPart seeks an order reducing the amount of petitioner’s undertaking from $250,00,… Read more »

Posted: 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, 2017 NY Slip Op. 08341, holding that K-1s were not dispositive proof of a partnership interest, explaining: Defendants present the entities’ K-1s as dispositive proof that Rubell family LLC-transferees of Rubell’s interests are entity partners; however, such documents,… Read more »

Posted: 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 Associates, LLC, 2017 NY Slip Op. 08294, affirming the denial of a Yellowstone injunction because the tenant sought the injunction after the time to cure the defects alleged by the landlord had expired, explaining: A Yellowstone injunction maintains the… Read more »

Posted: 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 Slip Op. 07339, holding that regardless of the strength of the plaintiff’s case, the court should not have issued an injunction when money damages were sufficient to redress its injuries, explaining: [O]n the merits, the court should… Read more »

Posted: 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 in Devos, Ltd. v. United Returns, Inc., 2017 NY Slip Op. 51379(U), refusing to issue an injunction enforcing restrictive covenants in employment contracts, explaining: New York courts have long held that, since there are powerful considerations of public policy which… Read more »