Posts Categorized: Injunctions Attachments and Other Preliminary Remedies

Posted: 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 in Kassover v. Prism Ventures Partners, LLC, 2017 NY Slip Op. 31933(U), holding that a turnover order can apply to out-of-state property, explaining: The Court of Appeals has held that CPLR Article 52 contains no express territorial limitation. Turnover... Read more »

Posted: 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., 2017 NY Slip Op. 06265, holding that it was error to issue a preliminary injunction without requiring an undertaking, explaining: However, upon the granting of a preliminary injunction, a plaintiff shall give an undertaking in an amount to be fixed... Read more »

Posted: 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 Monarch Towers I, LLC. v. Hirakis, 2017 NY Slip Op. 31580(U), granting a Yellowstone injunction despite issues of fact regarding the merits, explaining: The purpose of a Yellowstone injunction is to enable a tenant confronted by a notice... Read more »

Posted: 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 USA, Inc. v. Blue Beverage Group, Inc., 2017 NY Slip Op. 31525(U), refusing to grant an attachment due to a lack of evidence of fraudulent intent, explaining: In order to be granted an order of attachment under... Read more »

Posted: 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, 2017 NY Slip Op. 04852, vacating an undertaking and remitting for determination of the amount of undertaking that would compensate for damages suffered if the injunction was improvidently issued, explaining: The fixing of the amount of an... Read more »

Posted: 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 Mascis Investment Partnership v. SG Capital Corp., 2017 NY Slip Op. 30813(U), holding that even where the statutory basis for an attachment is met, there must be a showing that there is a risk that the judgment will... Read more »

Posted: 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 & Andrews PC, 2017 NY Slip Op. 02766, holding that a plaintiff was liable for the full cost of the defense of an action as damages for a wrongful attachment, explaining: Secure Title is entitled to the damages it... Read more »

Posted: 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 Suttongate Holdings Ltd. v. Laconm Management N.V., 2017 NY Slip Op. 30568(U), issuing a preliminary injunction requiring a defendant to grant mortgages in the plaintiff’s favor, explaining: A party seeking preliminary injunctive relief pursuant to CPLR 6301 must... Read more »

Posted: 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. 01460, reversing a trial court’s determination of the undertaking to be posted in conjunction with an injunction, explaining: We find that the amount of the undertaking fixed by the motion court is not rationally related to the... Read more »

Posted: 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. 01266, holding that it was error to vacate an undertaking before determining whether the defendants were damaged by entry of a temporary restraining order and ordering that the undertaking be posted again, explaining: [T]he court erred in... Read more »