Legal Opinion

Tatum v. Newell Funding, LLC

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 2009PublishedCited by 9 opinions

1Opinion of the Court

In an action for a judgment declaring, in effect, that a certain loan agreement is usurious, void, and unenforceable, the plaintiffs appeal from an order of the Supreme Court, Kings County (Solomon, J.), dated October *9123, 2007, which denied their motion, in effect, for a preliminary injunction enjoining the defendant from selling a certain cooperative apartment unit.

Ordered that the order is affirmed, with costs.

In order to prevail on a motion for a preliminary injunction, the movant must demonstrate by clear and convincing evidence (1) a likelihood of ultimate success on the merits, (2)…

2Cases cited4 opinions

  1. Ruiz v. MeloneyAppellate Division of the Supreme Court of the State of New York · 2006
  2. Automated Waste Disposal, Inc. v. Mid-Hudson Waste, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Apa Security, Inc. v. ApaAppellate Division of the Supreme Court of the State of New York · 2007
  4. Gluck v. Chevre Liady Nusach HoaryAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by9 opinions

  1. Berkoski v. Board of Trustees of Inc. Village of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2009
  2. Blinds & Carpet Gallery, Inc. v. E.E.M. Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Parolisi v. SlavinAppellate Division of the Supreme Court of the State of New York · 2012
  4. Cooper v. Board of White Sands CondominiumAppellate Division of the Supreme Court of the State of New York · 2011
  5. Kohn v. FriedmanAppellate Division of the Supreme Court of the State of New York · 2010

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