East Coast Drilling, Inc. v. Total Structure Enterprise, Inc.

In an action, inter alia, to permanently enjoin the defendants from, in effect, taking or attempting to take heavy construction equipment that is currently in the plaintiff’s possession, the defendants appeal from an order of the Supreme Court, Kings County (Pfau, J.), dated July 26, 2012, which granted the plaintiffs motion for a preliminary injunction.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs motion for a preliminary injunction is denied.

The plaintiff and the defendants disagree as to which of them is the owner of a large construction excavator which is…