18 Cited authorities

Salinger v. Colting
607 F.3d 68 (2d Cir. 2010) Cited 620 times 7 Legal Analyses
Holding that eBay applies “with equal force” to preliminary injunctions in copyright cases
Ognibene v. Parkes
671 F.3d 174 (2d Cir. 2012) Cited 79 times
Upholding contribution ban with New York City contractors
Iantosca v. Step Plan Services, Inc.
604 F.3d 24 (1st Cir. 2010) Cited 45 times 1 Legal Analyses
Holding that where a creditor has a judgment against a debtor and can make a "colorable claim" that the debtor's funds have been fraudulently conveyed to other entities, "the creditors do have a claimed lien interest to support preliminary injunction" to freeze assets transferred to the other entities
D. Klein Son, Inc. v. Good Decision
147 F. App'x 195 (2d Cir. 2005) Cited 31 times
Holding that piercing was appropriate where two companies were "effectively operated by their common owners as a single company"
Commonwealth of the N. Mariana Islands v. Millard
845 F. Supp. 2d 579 (S.D.N.Y. 2012) Cited 21 times
Noting that "[n]early every court in this Circuit to consider the issue has held that parties can bring a motion under FRCP 69, rather than instituting a special proceeding under the New York state law" and citing cases
Skiff-Murray v. Murray
17 A.D.3d 807 (N.Y. App. Div. 2005) Cited 24 times
Finding that attorney's knowledge could be imputed to a client, "regardless of when or how it was obtained—unless it was acquired confidentially"
Cartier, a Div. of Richemont No. Amer. v. Symbolix
454 F. Supp. 2d 175 (S.D.N.Y. 2006) Cited 12 times
Concluding that the overall transaction, in which defendants added diamonds and polished a stainless steel Tank Francaise watch at the request of a customer who had previously purchased the watch, did not constitute "use in commerce" within the meaning of the Lanham Act
325 Bleecker, Inc. v. Local Union No. 747
500 F. Supp. 2d 110 (N.D.N.Y. 2007) Cited 10 times
Upholding UBC General President's exercise of his authority under § 30 to transfer funds of dissolved local to merged local
Jones v. Dana
06 Civ. 0159 (RPP) (S.D.N.Y. May. 2, 2006) Cited 9 times
Concluding that punitive damages were allowable when a "very high threshold of moral culpability is satisfied" without any need to show "that the fraud was aimed at the public generally"
U.S. v. Evseroff
270 F. App'x 75 (2d Cir. 2008) Cited 6 times
In Evseroff, the district court found that the Government could invoke the nominee theory to foreclose its liens against the taxpayer's home, which had been transferred to a trust purportedly created for the benefit of the taxpayer's two children.
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 23,302 times 90 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,333 times 6 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
Rule 69 - Execution
Fed. R. Civ. P. 69 Cited 4,092 times 6 Legal Analyses
Adopting state law for procedures to execute judgments and obtain relevant discovery
Section 5225 - Payment or delivery of property of judgment debtor
N.Y. C.P.L.R. § 5225 Cited 861 times 1 Legal Analyses
Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor
Section 276 - Remedies of creditor
N.Y. Debt. & Cred. Law § 276 Cited 733 times 1 Legal Analyses
Providing that every conveyance with actual intent to defraud present or future creditors is fraudulent, irrespective of transferee's good faith (or lack thereof) or exchange of fair consideration
Section 5222 - Restraining notice
N.Y. C.P.L.R. § 5222 Cited 559 times
Forbidding a person served with a restraining notice from disposing of property owned by a judgment debtor or obligor
Section 275 - When transfer is made or obligation is incurred
N.Y. Debt. & Cred. Law § 275 Cited 307 times
Providing additional grounds for finding of constructive fraud

Universitas Education, LLC v. Nova Group, Inc.

18 Cited authorities

Holding that eBay applies “with equal force” to preliminary injunctions in copyright cases

Upholding contribution ban with New York City contractors

Holding that piercing was appropriate where two companies were "effectively operated by their common owners as a single company"

Noting that "[n]early every court in this Circuit to consider the issue has held that parties can bring a motion under FRCP 69, rather than instituting a special proceeding under the New York state law" and citing cases

Finding that attorney's knowledge could be imputed to a client, "regardless of when or how it was obtained—unless it was acquired confidentially"

Concluding that the overall transaction, in which defendants added diamonds and polished a stainless steel Tank Francaise watch at the request of a customer who had previously purchased the watch, did not constitute "use in commerce" within the meaning of the Lanham Act

Upholding UBC General President's exercise of his authority under § 30 to transfer funds of dissolved local to merged local

Concluding that punitive damages were allowable when a "very high threshold of moral culpability is satisfied" without any need to show "that the fraud was aimed at the public generally"

In Evseroff, the district court found that the Government could invoke the nominee theory to foreclose its liens against the taxpayer's home, which had been transferred to a trust purportedly created for the benefit of the taxpayer's two children.

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Adopting state law for procedures to execute judgments and obtain relevant discovery

Authorizing judgment creditor to commence special proceeding against garnishee who holds assets of judgment debtor

Providing that every conveyance with actual intent to defraud present or future creditors is fraudulent, irrespective of transferee's good faith (or lack thereof) or exchange of fair consideration

Forbidding a person served with a restraining notice from disposing of property owned by a judgment debtor or obligor

Providing additional grounds for finding of constructive fraud