Legal Opinion
Chase Home Finance, LLC v. Cartelli
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 2016No. 2015-07313PublishedCited by 4 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Stephen Seekircher appeals from an order of the Supreme Court, West-chester County (DiBella, J.), entered April 8, 2015, which denied his motion to preliminarily enjoin the plaintiff from taking any action to vacate or remove him from the subject premises.
Ordered that the order is affirmed, with costs to the nonparty respondent.
To obtain a preliminary injunction, the moving party must establish, by clear and convincing evidence, (1) a likelihood of success on the merits, (2) irreparable injury absent a preliminary injunction, and (3) that…
2Cases cited5 opinions
- Doe v. AxelrodNew York Court of Appeals · 1988
- Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
- Matter of Armanida Realty Corp. v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 2015
- Zoller v. HSBC Mtge. Corp. (USA)Appellate Division of the Supreme Court of the State of New York · 2016
- M.H. Mandelbaum Orthotic & Prosthetic Services, Inc. v. WernerAppellate Division of the Supreme Court of the State of New York · 2015
3Cited by4 opinions
- Soundview Cinemas, Inc. v. AC I Soundview, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- 159-MP Corp. v. Cab Bedford, LLCNew York Supreme Court · 2016
- Emanuel Mizrahi, DDS, P.C. v. Angela Andretta, DMD, P.C.Appellate Division of the Supreme Court of the State of New York · 2019
- Shake Shack Fulton St. Brooklyn, LLC v. Allied Prop. Group, LLCAppellate Division of the Supreme Court of the State of New York · 2019