From Casetext: Smarter Legal Research

People v. Apple Health & Sports Clubs, Ltd.

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1991
174 A.D.2d 438 (N.Y. App. Div. 1991)

Summary

applying similar standard in special proceeding pursuant to N.Y. Executive Law § 63

Summary of this case from Fed. Trade Comm'n v. 4 Star Resolution, LLC

Opinion

June 13, 1991

Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).


It is alleged that the respondents operated four health clubs, now defunct, in violation of General Business Law § 622-a, in that no bond, irrevocable letter of credit, or certificate of deposit was filed with the Attorney-General.

In this special proceeding pursuant to Executive Law § 63 (12), the Attorney-General seeks inter alia, to enjoin respondents from violating the law and from entering into new membership contracts and renewing existing membership contracts.

While respondents maintain that a preliminary injunction was not warranted, the record clearly demonstrates petitioner's likelihood of success on the merits, and a balancing of the equities in petitioner's favor. (See, Albini v Solork Assocs., 37 A.D.2d 835.) Moreover, since the Legislature authorizes injunctive relief for fraudulent and illegal conduct such as that which occurred here, proof of irreparable injury is unnecessary. (See, Village of Pelham Manor v Crea, 112 A.D.2d 415.)

Respondents contend that the imposition of a $500,000 bond was unconstitutional due to improper notice and an insufficient opportunity to be heard. However, the order to show cause and the pleadings clearly apprised respondents of the relevant facts and the relief sought, and sufficiently afforded respondents an opportunity to respond. (See, Mullane v Central Hanover Trust Co., 339 U.S. 306.) Moreover, the prayer for relief requested that the court grant "such other relief as may be deemed just and appropriate".

We have considered all other issues and find them to be meritless.

Concur — Sullivan, J.P., Carro, Rosenberger, Asch and Kassal, JJ.


Summaries of

People v. Apple Health & Sports Clubs, Ltd.

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1991
174 A.D.2d 438 (N.Y. App. Div. 1991)

applying similar standard in special proceeding pursuant to N.Y. Executive Law § 63

Summary of this case from Fed. Trade Comm'n v. 4 Star Resolution, LLC

applying similar standard in special proceeding pursuant to N.Y. Executive Law § 63

Summary of this case from Fed. Trade Comm'n v. Vantage Point Servs., LLC
Case details for

People v. Apple Health & Sports Clubs, Ltd.

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, by ROBERT ABRAMS, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 13, 1991

Citations

174 A.D.2d 438 (N.Y. App. Div. 1991)
571 N.Y.S.2d 23

Citing Cases

People v. Apple Health Sports Clubs, Ltd., Inc.

Decided November 26, 1991 Appeal from (1st Dept: 174 A.D.2d 438) FINALITY OF JUDGMENTS AND…

People v. Apple Health & Sports Clubs, Ltd.

Appeal from an order of the same court and Justice entered on October 29, 1992, which denied appellants'…