Zodkevitch v. Feibush
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*425Supreme Court erred in directing appellant to place into an escrow account the funds he allegedly misappropriated since plaintiffs failed to make a clear showing that they would suffer irreparable injury unless that relief were granted, a necessary element on a motion for a preliminary injunction (see CPLR 6301; Matter of Non-Emergency Transporters of N.Y. v Hammons, 249 AD2d 124, 127 [1998]). Specifically, plaintiffs failed to demonstrate that an award of monetary damages would not adequately compensate them (see US. Re Cos., Inc. v Scheerer, 41 AD3d 152, 155 [2007]; ERS Enters. v Empire…
2Cases cited4 opinions
- Non-Emergency Transporters of New York, Inc. v. HammonsAppellate Division of the Supreme Court of the State of New York · 1998
- U.S. Re Co. v. ScheererAppellate Division of the Supreme Court of the State of New York · 2007
- ERS Enterprises, Inc. v. Empire Holdings, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Sirius Satellite Radio, Inc. v. Chinatown Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
3Cited by2 opinions
- Metropolitan Steel Industries, Inc. v. Perini Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Meissner v. YunAppellate Division of the Supreme Court of the State of New York · 2015