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June 28, 2024
Motion for Preliminary Injunction to Prevent Opening of Cannabis Dispensary Denied For Lack of Irreparable Harm
On May 31, 2024, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in NAP IV LLC v. Qube USA LLC, Index No. 651937/2024, denying plaintiff's motion for a preliminary injunction preventing defendants from opening a cannabis dispensary in alleged violation of an NDA with plaintiff, which included a non-circumvention clause allegedly preventing defendants from going around plaintiff to open the dispensary at the Times Square location presented by plaintiffs, explaining: Read More
March 15, 2024
Defendant Held in Civil Contempt and Fined for Violation of Preliminary Injunction Order
On January 25, 2024, Justice Margaret A. Chan of the New York County Commercial Division, issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, Index No. 158207/2022, granting in part plaintiff’s motion insofar as it sought to hold one of the defendants in civil contempt for violating the court’s prior preliminary injunction order. The Court explained: Read More
July 27, 2023
Preliminary Injunction Granted Restraining Defendant's Assets When Those Assets Were Subject to Perfected Security Interest
On June 12, 2023, Justice Margaret Chan of the New York County Commercial Division issued a decision in White Oak Commercial Finance, LLC v. EIA Inc., 2023 NY Slip Op 31973(U), granting a preliminary injunction restraining a defendant's assets (other than for "reasonable living expenses") and holding that the plaintiff satisfied the irreparable-harm requirement because it was a secured creditor and had a lien on the defendant's assets, explaining: Read More
June 28, 2023
Potential Problems With Retrieval of Proceeds Not Irreparable Harm
On June 5, 2023, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in Edgepwr LLC v. Edgepwr Holdings LLC, 2023 NY Slip Op 31893(U), denying a motion for a preliminary injunction in aid of arbitration for lack of irreparable harm, since the petitioner's claims of irreparable harm were based on the "possible problematic retrieval of proceedings," which "goes to monetary relief," explaining: Read More
