Dispute Over the Distribution of Revenue Does Not Justify the Appointment of a Receiver
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Dispute Over the Distribution of Revenue Does Not Justify the Appointment of a Receiver

On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pesochinsky v. Gurariy, 2024 NY Slip Op. 34371(U), holding that a dispute over the distribution of revenue did not justify the appointment of a receiver . . . Continue reading Dispute Over the Distribution of Revenue Does Not Justify the Appointment of a Receiver

Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery

On December 11, 2024, Justice Chan of the New York County Commercial Division issued a decision in Metcalf v. Safirstein Metcalf, LLP, 2024 NY Slip Op. 34381(U), denying a motion for a preliminary injunction because the plaintiff was seeking money damages, even though the funds sought were in an escrow account . . . Continue reading Party Not Entitled to Injunction Because Money Damages Would Provide an Adequate Recovery

Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits

On December 11, 2024, Justice Platkin of the Albany County Commercial Division issued a decision in Cyprium Therapeutics, Inc. v. Curia Global, Inc., 2024 NY Slip Op. 51698(U), holding that whether a party can recover on an injunction undertaking is determined by the final decision on the merits . . . Continue reading Whether Party Can Recover on Injunction Undertaking is Determined by Final Decision on the Merits

Court Issues Preliminary Injunction Ordering Parties to Close Purchase Transaction
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Court Issues Preliminary Injunction Ordering Parties to Close Purchase Transaction

On April 6, 2024, Justice Masley of the New York County Commercial Division issued a decision in James Riv. Group Holdings, Ltd. v. Fleming Intermediate Holdings LLC, 2024 NY Slip Op. 24162, issuing a preliminary injunction ordering parties to close a purchase transaction . . . Continue reading Court Issues Preliminary Injunction Ordering Parties to Close Purchase Transaction

Injunction Denied Because Availability of Money Damages Meant that There Was No Irreparable Harm
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Injunction Denied Because Availability of Money Damages Meant that There Was No Irreparable Harm

On March 14, 2024, the First Department issued a decision in J.S.I.K. Intl. LLC v. Schuster, 2024 NY Slip Op. 01345, holding that an injunction was properly denied because the availability of money damages meant that there was no irreparable harm . . . Continue reading Injunction Denied Because Availability of Money Damages Meant that There Was No Irreparable Harm

Trial Court Erred in Not Explaining Basis for Amount of Undertaking
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Trial Court Erred in Not Explaining Basis for Amount of Undertaking

On February 22, 2024, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2024 NY Slip Op. 00955, holding that a trial court erred in not explaining the basis for the amount of an undertaking imposed in connection with an injunction . . . Continue reading Trial Court Erred in Not Explaining Basis for Amount of Undertaking