Surety Entitled to Mandatory Injunction Requiring Indemnitors to Provide Collateral
Commercial Case Notes / Guaranties / Injunctions, Attachments and Other Preliminary Remedies

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

Undertaking Required for Yellowstone Injunction is to Compensate Landlord if Injunction Improvidently Granted, Not to Cure All Alleged Breaches
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies / Real Property

Undertaking Required for Yellowstone Injunction is to Compensate Landlord if Injunction Improvidently Granted, Not to Cure All Alleged Breaches

On March 8, 2023, Justice Chan of the New York County Commercial Division issued a decision in 1516 Roof LLC v. 469 Holdings, LLC, 2023 NY Slip Op. 30694(U), holding that the undertaking required for a Yellowstone injunction is to compensate the landlord if the injunction was improvidently granted, not to cure all alleged breaches . . . Continue reading Undertaking Required for Yellowstone Injunction is to Compensate Landlord if Injunction Improvidently Granted, Not to Cure All Alleged Breaches

TRO Denied Because Plaintiff Failed to Seek it in Connection With a Lawsuit
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

TRO Denied Because Plaintiff Failed to Seek it in Connection With a Lawsuit

On December 7, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Bronx Parent Hous. Network, Inc. v. High Quality Elec. of NY, LLC, 2022 NY Slip Op. 51189(U), denying a TRO because the plaintiff failed to seek it in connection with a lawsuit . . . Continue reading TRO Denied Because Plaintiff Failed to Seek it in Connection With a Lawsuit

Counterclaims Seeking Equitable Relief Dismissed Because There Was an Adequate Remedy at Law
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies

Counterclaims Seeking Equitable Relief Dismissed Because There Was an Adequate Remedy at Law

On April 6, 2022, Justice Emerson of the Suffolk County Commercial Division issued a decision in HK Ventures LLC v. Hason, 2022 NY Slip Op. 50260(U), dismissing counterclaims seeking equitable relief because there was an adequate remedy at law . . . Continue reading Counterclaims Seeking Equitable Relief Dismissed Because There Was an Adequate Remedy at Law

Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies / Real Property

Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property

On January 27, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zwebner v. Strulovitch, 2022 NY Slip Op. 30478(U), dismissing a claim for an equitable lien because it was not based on a promise relating to the purchase of a specific property . . . Continue reading Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property