Temporary Restraining Order Granted Where Movant Established Prima Facie Entitlement To Preliminary Injunction Based On Conduct Violating Earlier Permanent Injunction

Posted: April 9, 2025 / Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner / Categories Breach of Contract, Injunctions Attachments and Other Preliminary Remedies

Temporary Restraining Order Granted Where Movant Established Prima Facie Entitlement To Preliminary Injunction Based On Conduct Violating Earlier Permanent Injunction

On March 11, 2025, Justice Andrew Borrok entered a temporary restraining order directing plaintiff Go New York Tours Inc. (“GONY”) to comply with certain asserted contractual obligations pending hearing and determination of a preliminary injunction application brought by defendant Vector Media, LLC (“Vector Media”). The case is Go New York Tours Inc. v. Vector Media, LLC, Index No. 151029/2025.

A permanent injunction had been entered in a prior case between the parties, Vector Media, LLC v. Go New York Tours Inc., Sup. Ct. NY Co. Index No. 653808-2019, requiring that GONY abide by a Second Amended and Restated Transit Advertising Agreement (“the Second Agreement”) concerning bus advertising.

Justice Borrok reviewed the terms of the Second Agreement and found that it:

. . . reflects a heavily negotiated agreement where the parties addressed, among other things, (I) the basis, manner and timing in which content of advertising could be rejected . . . , (II) the process and grounds upon which GONY could have content removed . . . (III) the size of the fleet and the manner and timing for notice of changes to the size of the fleet, (IV) the exclusive rights of Vector Media as to the advertising of exterior of all of GONY’s vehicles (including the Fleet) and the rights of GONY as to advertising as to the interior, and (V) providing Vector Media with GPS information for the fleet and vehicles.

Slip op., pp. 5-6.

Upon hearing, Justice Borrok concluded that:

“Vector Media has adduced substantial evidence of (I) breach of the Second Agreement . . . pursuant to which GONY consented to the entry of the Permanent Injunction and of the Court entered Permanent Injunction itself, (II) irreparable harm, and (III) that the balance of the equities favors granting an injunction.”

Id., p. 2. Therefore:

. . . and for the reasons set forth on the record (tr. 3.11.25), there is no question that [Vector Media] is entitled to the entry of a temporary restraining order and that it has demonstrated its prima facie entitlement to the entry of a preliminary injunction.

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning agreements regarding contractual claims, temporary restraining order or preliminary injunctions.