Category Archives: Order of Seizure

Unopposed Order of Seizure Denied Because of Questions Raised By Application: All Points Capital Corp. v. Parkside Recycling, Inc. and Vertuccio

By Aaron Zerykier on April 3rd, 2012 Posted in CPLR 3215, CPLR 7101, Default, Industry: financial services, Justice Driscoll, Timothy, Nassau, Order of Seizure

In a February 2, 2012 decision by Justice Driscoll, the court denied (without prejudice) a motion for an Order of Seizure and default judgment. The motion was originally brought by an Order to Show Cause. In a prior decision, the court reserved decision and allowed the plaintiff to make additional submissions in support of its motion. After these… Continue Reading

Injunctive Relief Regarding Collateral Granted Where Default Under Loan Agreement Not Disputed: East W. Bank v Jung Sun Laundry Group Corp.

By Matthew D. Donovan on April 5th, 2011 Posted in Breach of Contract, Breach of Promissory Note, CPLR 6301, CPLR 6311, CPLR 6312, CPLR 7102, Dissolution, Industry: banking, Justice Kitzes, Orin R., NY UCC 9-609, Order of Seizure, Preliminary Injunction, Queens, Standing, Undertaking, Uniform Commercial Code UCC

In a December 15, 2010, decision by Justice Kitzes, the court granted Plaintiff’s request for a preliminary injunction in connection with an application for an order of seizure. Plaintiff-lender sought injunctive relief prohibiting Defendant-borrower from transferring any of the collateral under the parties’ loan agreements until judgment is obtained and the loan paid in full. The collateral… Continue Reading