Category Archives: Unclean Hands

Court Grants Motion for Summary Judgment to Foreclose Mortgage: First Am. Int. Bank v Spoiled Trucks & Cars Corp.

By Adam Rafsky on March 27th, 2012 Posted in Estoppel, Foreclosure, Industry: financial services, Justice Kitzes, Orin R., Queens, Special Referee, Summary Judgment, Unclean Hands

In a March 21, 2012 decision by Justice Kitzes, the court granted the plaintiff-lender’s motion for summary judgment on its first cause of action; striking each of the defendant-borrower’s defenses; and appointing a referee to compute the amount due to the plaintiff. This action was brought to foreclose a loan (“Loan”) for $2,700,000 made by… Continue Reading

Court Enforces Three-Year, Fifteen-Mile Restrictive Covenant on Surgeons’ Medical Practice: Peconic Surgical Group, P.C. v Cervone

By Matthew D. Donovan on June 21st, 2011 Posted in Breach of Contract, Breach of Fiduciary Duty, CPLR 6312, Industry: healthcare, Justice Emerson, Elizabeth, Material Breach, Preliminary Injunction, Restrictive Covenant, Suffolk, Temporary Restraining Order, Unclean Hands

In a June 1, 2011, decision by Justice Emerson, the court granted plaintiff-surgical group’s motion for a preliminary injunction with temporary restraining order enforcing a restrictive covenant in a physician’s employment agreement with defendant-doctors. Noting that “the interests of the employer have enjoyed solicitous consideration by the courts when the restrictive covenant is in an employment… Continue Reading