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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Preliminary Injunction

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Statute of Frauds is Not a Bar to Russian Oligarch’s Claims Against Fellow Russian Billionaire Investors Over Breach of Joint Venture Agreement

Posted in Arbitration, Breach of Contract, Breach of Fiduciary Duty, Fraud, Motion to Dismiss, New York, Preliminary Injunction, Scarpulla, Saliann, Statute of Limitations

In a December 2, 2015 Commercial Division decision by Justice Scarpulla, the court consolidated and decided the defendants’ motion to dismiss the amended complaint and the plaintiff’s motion seeking a preliminary injunction to restrain the defendants from pursuing arbitration in London and from commencing any other foreign proceeding.

Court Finds Stock-Option Agreement Unenforceable, and Covenant-Not-to-Compete Unreasonable

Posted in Breach of Contract, Emerson, Elizabeth, Manufacturing, Motion to Dismiss, Pharmaceutical, Preliminary Injunction, Suffolk

In a November 24, 2015, Commercial Division decision by Justice Emerson, the court granted the defendants’ motion to dismiss the plaintiff’s amended complaint, which contained causes of action against the individual defendants for breach of covenants not to compete, tortious interference with contract and unfair competition.

All Causes of Action, Except for One, Survive Defendants’ Motion to Dismiss

Posted in 7th District, Breach of Contract, Financial services, Motion to Dismiss, Order to Show Cause, Preliminary Injunction, Rosenbaum, Matthew A., Tortious Interference with Business Relations, Unjust Enrichment

In a November 6, 2015 Steuben County Supreme Court decision by Justice Rosenbaum, the court denied defendants’ motion to dismiss plaintiff’s claims of tortious interference with contractual relations, tortious interference with business relations, and unfair competition, but granted defendants’ motion to dismiss with respect to plaintiff’s claim of unjust enrichment.

Court Uses Equitable Authority to Issue Yellowstone Injunction

Posted in 7th District, Breach of Contract, Breach of Fiduciary Duty, Construction, Preliminary Injunction, Real estate, Rosenbaum, Matthew A.

In an August 13, 2015 Monroe County Supreme Court decision by Justice Rosenbaum, the court granted the plaintiffs’ request for a Yellowstone Injunction based upon alleged lease violations which resulted in the defendants serving the plaintiffs with multiple default notices.

Email Notifying Landlord of Address Change Sent by Tenant’s Related Entity Insufficient to Alter “Last Known Address” Requirement in Lease’s Notice Provision

Posted in Breach of Contract, Guaranty, Indemnification, Order to Show Cause, Preliminary Injunction, Queens, Real estate, Ritholtz, Martin E., Unjust Enrichment

In a June 1, 2015, Queens County Commercial Division decision by Justice Ritholtz, the court denied defendant-commercial tenant’s motion for a Yellowstone injunction as untimely.

Documentary Evidence Establishing Plaintiff-Shareholder Sold Interests in Plaintiff-Corporation Pre-Suit Bars Derivative Action

Posted in Demarest, Carolyn E., Kings, Motion to Dismiss, Preliminary Injunction, Real estate

In an April 29, 2015, Commercial Division decision by Justice Demarest, the court denied the plaintiff’s motion for a restraining order and preliminary injunction, vacated the previously ordered temporary restraining order, and granted the defendant’s motion to dismiss.

Application for Yellowstone Injunction Denied Due to Plaintiff’s Inability to Cure the Alleged Default for Failing to Maintain General Liability Insurance

Posted in Preliminary Injunction, Queens, Ritholtz, Martin E.

In a March 24, 2015, Commercial Division decision by Justice Ritholtz, the court denied the plaintiff-tenant’s application for a Yellowstone injunction for the purpose of enjoining the defendant-landlord from terminating the commercial lease and commencing summary proceedings. 

No relationship, No problem: Court Enforces Choice of Law Provision Despite Absence of Reasonable Relationship Between Parties and their Agreement, and New York.

Posted in Bransten, Eileen, Breach of Contract, New York, Preliminary Injunction

In a January 9, 2015, Commercial Division decision by Justice Bransten, the court enforced a New York choice of law provision in an agreement between the parties, and denied in its entirety plaintiff’s motion for preliminary injunction to enforce a servicing provision in that same agreement. 

Public Confusion Arising from Cold Spring Harbor Construction Company’s Use of Trade Name Similar to Competitor’s Warrants Preliminary Injunction

Posted in Construction, Preliminary Injunction, Suffolk, Whelan, Thomas

In a November 20, 2014, Commercial Division decision by Justice Whelan, the court granted the plaintiff’s motion for preliminary injunctive relief. The plaintiff, Cold Spring Harbor Construction, Inc. (“CSHC, Inc.”) commenced the action seek to restrain and enjoin the defendant, Cold Spring Builders, Inc. (“CSB, Inc.”), a newly formed from using and employing the trade… Continue Reading

Former Employees Enjoined from Using Customer Information, Pricing Schedules Copied From Motorcycle Apparel Manufacturer

Posted in Breach of Fiduciary Duty, Estoppel, Preliminary Injunction, Suffolk, Whelan, Thomas

In a November 6, 2014 Commercial Division decision by Justice Whelan, the court granted a motion for preliminary injunction enjoining Defendants, former employees of Plaintiff wholesaler, from disclosing and using confidential information and trade secrets of Plaintiff. 

Court Grants Preliminary Injunction to Enforce Non-Compete in Sale of Insurance Agency

Posted in Albany, Estoppel, Insurance, Non-compete, Platkin, Richard, Preliminary Injunction

In an, October 2, 2014 Commercial Division decision by Justice Platkin, the court granted the plaintiff’s motion for a preliminary injunction, which sought to enforce a non-competition agreement (the “Agreement”) given by the defendant in connection with the asset purchase agreement pursuant to which the defendant sold his Allstate insurance agency to the plaintiff.

Preliminary Injunction Relating to Buyout Agreement Denied where Board Adequately Remedied Initial Failure to Adequately Disclose All Relevant Information to Shareholders

Posted in Class Action, Fiduciary Duty, Pines, Emily, Preliminary Injunction, Shareholder Dispute, Suffolk

In a September 19, 2014 Commercial Division decision by Justice Pines, the court denied the plaintiff’s motion for a preliminary injunction with respect to a buyout agreement, under which the defendant Medical Action Industries, Inc. (“Medical Action”) sought to cash out the shareholders of Medical Action through a sale of its stock to the defendant… Continue Reading

Dungeons & Dragons Documentary Dispute leads to Preliminary Injunction

Posted in Demarest, Carolyn E., Kings, Order to Show Cause, Preliminary Injunction

In an August 4, 2014 Commercial Division decision by Justice Demarest, the court granted the plaintiff’s motion, brought by order to show cause, for a preliminary injunction restraining the defendants from taking certain actions with respect to a documentary film about the fantasy role-playing game Dungeons & Dragons (“D & D”). The plaintiff and the… Continue Reading

Retail Tenant Entitled to Yellowstone Injunction by Showing a “Willingness to Do Whatever is Necessary” to Cure Default

Posted in Kornreich, Shirley Werner, New York, Retail, Yellowstone Injunctions

In a June 19, 2013 Commercial Division decision by Justice Kornreich, the Court granted the motion of Plaintiff tenant (“Burlington”) for a Yellowstone injunction tolling the expiration of a 30-day cure period in a lease agreement with Defendant landlord (“Majestic”).  Burlington was a tenant in a building designated as an historic landmark.  It installed a… Continue Reading

Release Provision in Separation Agreement Does Not Insulate Directors from Claims Concerning a Related LLC with Identical Board

Posted in Breach of Contract, Breach of Fiduciary Duty, CPLR 3211, Demarest, Carolyn E., Documentary Evidence, Failure to State a Claim, Kings, Motion to Dismiss, Preliminary Injunction, Real estate

In an February 24, 2014, Kings County Commercial Division decision by Justice Demarest, the court denied defendant-majority owners’ motion to dismiss plaintiff-minority owner’s action for fiduciary breach and self-dealing in connection with the nominal defendant, a real estate holding LLC.  Defendants’ moved on the basis of a release provision contained in plaintiff’s separation agreement from… Continue Reading

Commercial Tenant Precluded from Maintaining Action Against Landlord and Yellowstone Injunction Denied, Since Tenant Was Foreign Corporation Not Authorized to do Business in New York

Posted in Demarest, Carolyn E., Kings, Real estate, Yellowstone Injunctions

In an April 21, 2014 decision by Justice Demarest, the Commercial Division considered a motion for a Yellowstone injunction by plaintiff MKC-S, Inc., a commercial tenant and sub-landlord.  Defendant landlord opposed the motion by arguing that MKC-S, a Delaware corporation, was not authorized to do business in New York and therefore precluded, under BCL §… Continue Reading

Former Employee’s Interference with Customer Relationships Cultivated Over Time Will Result in Irreparable Dilution of Good Will for Purposes of Injunctive Relief

Posted in Breach of Contract, Conversion, CPLR 6301, DeStefano, Vito M., Nassau, Preliminary Injunction, Uncategorized

In a January 21, 2014, Nassau County Commercial Division decision by Justice DeStefano, the court granted  plaintiff-waste management company’s motion for a preliminary injunction against defendant-former employee.  Specifically, the court found that plaintiff was likely to succeed on its claim for breach of the non-compete provisions in the parties’ employment agreement due to defendant’s access… Continue Reading

Business Judgment Rule Protects Decisions Made in Connection with Vertro-Inuvo Merger: Badowski v Carrao

Posted in Class Action, Friedman, JSC, Marcy S., Motion to Dismiss, New York, Preliminary Injunction, Technology

In a January 13, 2014 decision by Justice Marcy Friedman, the Court considered a motion to dismiss a class action against former directors and officers of Vertro, Inc. (“Vertro”) arising out of claims by former shareholders for breaches of fiduciary duty by the individuals for failing to maximize shareholder value, acting in their own self-interest,… Continue Reading

Former Employee’s Familiarity with Former Customer held Insufficient Basis to Enforce Non-Compete: B.O. Tech., L.L.C. v Dray

Posted in Emerson, Elizabeth, Information Technology, Non-compete, Order to Show Cause, Preliminary Injunction, Suffolk

In a June 27, 2013 decision by Justice Emerson, the court denied the plaintiff’s motion for a preliminary injunction, which sought to enjoin the defendant, a former employee of the plaintiff, from rendering services to one of the plaintiff’s former customer’s (“Maesa”) based on the terms of a non-compete and non-solicitation agreement (“Agreement”). B.O. Tech,… Continue Reading

Expiration of Preliminary Injunction Not a “Final Determination” for Purposes of CPLR 6312 Undertaking Provision: Greens at Half Hollow Home Owners v Greens at Half Hollow, LLC

Posted in CPLR 6312, CPLR 6315, Municipal, Pines, Emily, Preliminary Injunction, Real estate, Suffolk

In a June 11, 2013, decision by Justice Pines, the court denied plaintiff’s motion to fix damages allegedly sustained as a result of a previously-granted preliminary mandatory injunction.  In 2011, Plaintiff-home owner’s association sued the owner/operator of a sewage-treatment plant, the Town of Huntington, and the County of Suffolk seeking, inter alia, a declaration that… Continue Reading

No Injunction Against Employee’s Working for Competitor Because Restrictive Covenant Unenforceable: OTG Management, LLC v Konstantinidis

Posted in Breach of Contract, Kornreich, Shirley Werner, New York, Preliminary Injunction, Retail, Tortious Interference With Contract

In a June 7, 2013 decision by Justice Kornreich, the court partially granted a temporary restraining order, requiring a former employee not to solicit his former co-workers, but declined to stop him from working for a competitor.  The employee worked as an operations manager for a food and beverage service operator at LaGuardia and JFK… Continue Reading