Stewart Title Ins. Co. v Liberty Title Agency, LLC, Sup Ct, New York County, Lowe, J, Index No. 601162/09
In a decision dated May 22, 2009, Justice Lowe granted Plaintiff’s motion for a preliminary injunction freezing Defendants’ funds, finding that Plaintiff demonstrated a likelihood of success on the merits because Defendants may have committed active intentional fraud; that the destruction by Defendants of the trust placed in title agencies at real estate closings demonstrated irreparable harm; and that the balance of equities favored preservation of the status quo by preventing Defendants from destroying their records and converting further escrow funds.
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