26 Cited authorities

  1. Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc.

    527 U.S. 308 (1999)   Cited 803 times   4 Legal Analyses
    Holding that preliminary injunctive relief freezing defendants' assets was not warranted because injunctive relief was historically unavailable where plaintiff sought only money damages for breach of contract
  2. Hotel 71 Mezz Lender LLC v. Falor

    2010 N.Y. Slip Op. 1348 (N.Y. 2010)   Cited 114 times
    Holding that defendants' "precarious financial condition" and the lack of marketability of their property interests warranted the appointment of a receiver
  3. Pashaian v. Eccelston Properties

    88 F.3d 77 (2d Cir. 1996)   Cited 98 times
    Holding that district court did not err in deciding a motion before effecting recusal and that such was “a practical and appropriate resolution”
  4. Gryphon Domestic VI, LLC v. APP International Finance Co.

    41 A.D.3d 25 (N.Y. App. Div. 2007)   Cited 63 times
    Reversing lower court's order that a turnover order cannot reach property outside New York
  5. Entergy Nuclear Vermont Yankee, LLC v. Shumlin

    733 F.3d 393 (2d Cir. 2013)   Cited 50 times
    Finding "irreparable injury if the defendants were able to enforce [the challenged statute that would] shut down [plaintiff's business]"
  6. NML Capital, Ltd. v. Republic of Argentina

    727 F.3d 230 (2d Cir. 2013)   Cited 40 times   1 Legal Analyses
    Holding that a non-party may appeal an injunction by which it is bound
  7. NML Capital, Ltd. v. Republic of Argentina

    699 F.3d 246 (2d Cir. 2012)   Cited 36 times
    Finding that in light of debtor's “disregard of its legal obligations” to creditors, public interest favored permanent injunction requiring specific performance of those obligations
  8. Abkco Ind. v. Apple Films

    39 N.Y.2d 670 (N.Y. 1976)   Cited 76 times   1 Legal Analyses
    Holding that interests under a licensing agreement "constituted property," which "was attachable because concededly it was assignable"
  9. State Farm Mutual Automobile Insurance v. American Rehab & Physical Therapy, Inc.

    376 F. App'x 182 (3d Cir. 2010)   Cited 13 times
    Finding irreparable harm where defendant "would continue to conceal assets ... in a manner that would further evade [plaintiff's] collection efforts"
  10. Motorola Credit Corp. v. Uzan

    978 F. Supp. 2d 205 (S.D.N.Y. 2013)   Cited 7 times   1 Legal Analyses
    In Motorola Credit Corp. v. Uzan, 978 F. Supp. 2d 205, 210-13 (S.D.N.Y. 2013), the court rejected the same interpretation of Rule 65(d)(2) now forwarded by Assignee, opining that "it would unduly stretch the language of the Court's Order to find that continuing to engage in routine banking transactions can be turned into 'active concert or participation with [the enjoined parties]' simply through 'notice of [the Court's] order [of asset freeze]."
  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 98,450 times   678 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 23,194 times   89 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
  13. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,633 times   132 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
  14. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,525 times   153 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
  15. Rule 4 - Appeal as of Right-When Taken

    Fed. R. App. P. 4   Cited 5,852 times   2 Legal Analyses
    Granting an appeal of right for civil cases where notice of appeal is filed within thirty days after entry of judgment
  16. Section 5225 - Payment or delivery of property of judgment debtor

    N.Y. C.P.L.R. § 5225   Cited 854 times   1 Legal Analyses
    Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
  17. Section 5222 - Restraining notice

    N.Y. C.P.L.R. § 5222   Cited 554 times
    Forbidding a person served with a restraining notice from disposing of property owned by a judgment debtor or obligor
  18. Rule 66 - Receivers

    Fed. R. Civ. P. 66   Cited 359 times   2 Legal Analyses
    Providing that "the practice in administering an estate by a receiver or similar court-appointed officer must accord with the historical practice in federal courts or with a local rule"
  19. Section 5201 - Debt or property subject to enforcement; proper garnishee

    N.Y. C.P.L.R. § 5201   Cited 294 times   2 Legal Analyses
    Defining "property"
  20. Section 5228 - Receivers

    N.Y. C.P.L.R. § 5228   Cited 138 times

    (a) Appointment of receiver. Upon motion of a judgment creditor, upon such notice as the court may require, the court may appoint a receiver who may be authorized to administer, collect, improve, lease, repair or sell any real or personal property in which the judgment debtor has an interest or to do any other acts designed to satisfy the judgment. As far as practicable, the court shall require that notice be given to the judgment debtor and to any other judgment creditors of the judgment debtor