Legal Opinion

Zodkevitch v. Feibush

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

Decided March 20, 2008PublishedCited by 2 opinions

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

  1. Non-Emergency Transporters of New York, Inc. v. HammonsAppellate Division of the Supreme Court of the State of New York · 1998
  2. U.S. Re Co. v. ScheererAppellate Division of the Supreme Court of the State of New York · 2007
  3. ERS Enterprises, Inc. v. Empire Holdings, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Sirius Satellite Radio, Inc. v. Chinatown Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Metropolitan Steel Industries, Inc. v. Perini Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Meissner v. YunAppellate Division of the Supreme Court of the State of New York · 2015

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