On November 19, 2025, the Second Department issued a decision in American Premium Realty Group, LLC v. 37-19 Realty, Inc., 2025 NY Slip Op. 06301, affirming that imposition of a $20.5 million undertaking as a condition of vacating a notice of pendency . . . Continue reading Court Properly Ordered $20.5 Million Undertaking as Condition of Vacating Notice of Pendency
On November 12, 2025, the Second Department issued a decision in Speyside Holdings, LLC v. Nebari Natural Resources Credit Fund I, LP, 2025 NY Slip Op. 06208, holding that an investor was not entitled to an injunction staying a foreclosure . . . Continue reading Investor Not Entitled to Injunction Staying Foreclosure
On July 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc., 2025 NY Slip Op. 32953(U), granting an injunction is support of an arbitration, holding, regarding the justification for the attachment, that any arbitration award might be rendered ineffectual without the attachment . . . Continue reading Court Grants Attachment in Support of Arbitration
On May 15, 2025, the First Department issued a decision in Tarro v. Amadei, 2025 NY Slip Op. 03003, holding that a receiver’s fees should normally be paid from the receivership, not from a party . . . Continue reading Receiver’s Fees Should Normally Be Paid from the Receivership, Not a Party
On April 25, 2025, Justice Chan of the New York County Commercial Division issued a decision in Colle Capital Partners I, L.P. v. Automaton, Inc., 2025 NY Slip Op. 31479(U), denying a preliminary injunction because of an imbalance in the equities . . . Continue reading Injunction Denied Because of Imbalance of Equities
On February 13, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMB Export Infrastructure Inv. Group 48, LP v. Motcomb Estates, Ltd., 2025 NY Slip Op. 30572(U), discussing the categories of costs recoverable from an injunction undertaking . . . Continue reading Decision Analyzes Categories of Costs Recoverable from an Injunction Undertaking
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
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
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
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
