Petition for Injunctive Relief in New York

What Is a Petition for Injunctive Relief?

Background

A preliminary injunction is “a judgment restraining the defendant from the commission or continuance of an act, which, if committed or continued during the pendency of the action, would produce injury to the plaintiff.” (Civ. Prac. Law & Rules, § 6301.) The function of a preliminary injunction is not to determine the ultimate rights of the parties but to maintain the status quo pending a full hearing on the merits. (Cellular Telephone Company v. Village of Tarrytown, 210 A.D.2d 196, 619 N.Y.S.2d 746 [2nd Dept. 1994].)

How to Structure the Motion

To demonstrate entitlement to a preliminary injunction, the movant must demonstrate, by clear and convincing evidence, a probability of success on the merits, the danger of irreparable harm in the absence of an injunction, and a balance of the equities in favor of granting the injunction. (Advanced Digital Sec. Sols., Inc. v. Samsung Techwin Co. (2008) 53 A.D.3d 612, 613; East Coast Drilling, Inc. v. Total Structure Enterprise, Inc. (2013) 106 A.D.3d 688, 689.)

Injunctive relief “is a drastic remedy which may be granted only where the plaintiff demonstrates that it will suffer irreparable harm absent the injunction.” (Kahona Beach LLC v. Santa Ana Rest. Corp. (2010) 958 N.Y.S.2d 308.) To justify the “drastic remedy” of a preliminary injunction, a showing of “irreparable harm” must be based on more than mere speculation that injury may occur. (Id.) A motion for a preliminary injunction is properly denied where “the plaintiff made only conclusory allegations and failed to point to any imminent and non-speculative harm that would befall it in the absence of a preliminary injunction.” (Family-Friendly Media, Inc. v Recorder Tel. Network, 74 A.D.3d 738, 739-40 [2d Dep’t 2010].)

A preliminary injunction should not be granted where the irreparable harm alleged is economic in nature. (Quick v. Quick (2010) 892 N.Y.S.2d 769.) A movant cannot establish irreparable injury if there is an adequate remedy at law, such as money damages. (Schleissner v. 325 W. 45 Equities Group, 210 A.D.2d 13, 14, 618 N.Y.S.2d 804 [1st Dept 1994].

The Court’s Decision

A court may grant or withhold injunctive relief in the exercise of the court’s responsible judicial discretion. (Gerges v. Koch (1984) 62 N.Y.2d 84.)

“A preliminary injunction substantially limits a defendant’s rights and is thus an extraordinary provisional remedy requiring a special showing.” (1234 Broadway LLC v. West Side SRO Law Project, 86 A.D.3d 18 [N.Y. App. Div. 2011].) It should not be granted as a routine matter. (John G. Ullman & Associates., Inc. v. BCK Partners, Inc., 30 N.Y.S.3d 785, 786 [4th Dept. 2016].) A court must weigh the conflicting considerations of benefit to the plaintiff and harm to the defendant which would follow the granting of such a remedy. (Medvin v. Grauer, 46 A.D.2d 912, 363 N.Y.S.2d 330 [2nd Dept. 1974].) A “movant’s burden of proof on a motion for a preliminary injunction is particularly high.” (Council of the City of New York v. Giuliani, 248 A.D.2d 1, 4 [1st Dept. 1998].)

“Absent extraordinary circumstances, a preliminary injunction will not issue where to do so would grant the movant the ultimate relief to which he or she would be entitled in a final judgment.” (Zoller v. HSBC Mtge. Corp. (USA), 135 A.D.3d 932, 933 [2nd Dept. 2016].)

Documents for Petition for Injunctive Relief in New York

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Lynne Resch v. Catskill Commons, Llc, Gabrielle Cohen a/k/a GABE COHEN, Alexis Cohen, John Doe #1-10 And Jane Does #1-10 being Persons who by any contingency in a devise or grant or otherwise could afterward become entitled to a beneficial estate or interest in the property involved. document preview

ANSWER WITH COUNTER-CLAIM(S) - Answer with counterclaims

17 pages

FILED: DELAWARE COUNTY CLERK 04/17/2024 03:07 PM INDEX NO. EF2024-269 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DELAWARE _________________________________________________ LYNN RESCH, Plaintiff, -against- …

Case Name Lynne Resch v. Catskill Commons, Llc, Gabrielle Cohen a/k/a GABE COHEN, Al…