Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

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 »

Posted: 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 Partners LLC, 2019 NY Slip Op. 00352, holding that the appeal of the denial of a preliminary injunctyion was moot because the act sought to be enjoined already had occurred, explaining: Insofar as plaintiffs seek a preliminary injunction, that remedy... Read more »

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 »