In a December 10, 2010 decision by Justice Driscoll the court vacated a temporary restraining order and denied a preliminary injunction seeking the appointment of a receiver. The litigation stemmed from a joint venture between the parties for a business that assisted in lowering employers’ workman’s compensation premiums. Plaintiff accused his partners of secretly transferring all of the entities assets to a bank account exclusively under the defendants’ control. Plaintiff further accused his partners of various business torts based on accusations that the partners also engaged in actions in competition to the joint venture.
The court initially granted a temporary restraining order preventing the defendants from transferring any monies from the bank accounts of the business venture, and also barring the transfer of monies from the bank accounts of certain unknown entities through which it was alleged defendants were engaging in their improper activity.
The court declined to grant a permanent injunction finding that there were issues of fact which made the appointment of a receiver too onerous. Nevertheless, the court required the defendants to provide plaintiff with bank statements and other information concerning the bank account into which they transferred the joint venture’s monies.
Kerin v Premium Pursuit Consulting Corp., LLC, Sup Ct, Nassau County, December 10, 2010, Driscoll, J, index No. 010302-10