Legal Opinion

Founders Insurance v. Everest National Insurance

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

Decided June 28, 2007PublishedCited by 9 opinions

1Opinion of the Court

*351Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered April 4, 2007, which granted petitioner’s motion to enjoin respondents from drawing down on a trust account pending arbitration, unanimously reversed, on the law and the facts, with costs, and the motion denied. Order, same court, Justice and entry date, which denied respondents’ motion to attach petitioner’s assets, unanimously affirmed, with costs.

Petitioner fails to show that an arbitral award in its favor would be rendered ineffectual without an injunction (CPLR 7502 [c]). By petitioner’s own admission, respondents…

2Cases cited6 opinions

  1. Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
  2. Polin v. Kellwood Co.District Court, S.D. New York · 2000
  3. Polin v. Kellwood Co.Court of Appeals for the Second Circuit · 2002
  4. Erber v. Catalyst Trading, LLCAppellate Division of the Supreme Court of the State of New York · 2003
  5. Erickson v. Kidder Peabody & Co.New York Supreme Court · 1995

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Founders Insurance v. Everest National InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
  2. Iraq Telecom Limited v. IBL Bank S.A.L.District Court, S.D. New York · 2022
  3. Kadish v. First Midwest Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  4. Kadish v. First Midwest Securities, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Matter of Goldberger v. FischerAppellate Division of the Supreme Court of the State of New York · 2017

4 more not listed; retrieve them via the Exa API.

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