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

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

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

Court Declines to Require Undertaking on Yellowstone Injunction

Court Declines to Require Undertaking on Yellowstone Injunction

On November 30, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in L.I. Champions Taekwondo Inc. v. 151 Montague Opportunity LLC, 2023 NY Slip Op. 34218(U), declining to require an undertaking when issuing a Yellowstone injunction . . . Continue reading Court Declines to Require Undertaking on Yellowstone Injunction

Surety Entitled to Mandatory Injunction Requiring Indemnitors to Provide Collateral

Surety Entitled to Mandatory Injunction Requiring Indemnitors to Provide Collateral

On March 14, 2023, the First Department issued a decision in Atlantic Specialty Ins. Co. v. Landmark Unlimited, Inc., 2023 NY Slip Op. 01253, holding that a surety was entitled to a mandatory injunction requiring indemnitors to provide collateral . . . Continue reading Surety Entitled to Mandatory Injunction Requiring Indemnitors to Provide Collateral