Cruz v. McAneney

Appellate Division of the Supreme Court of New York

Cruz v. McAneney

29 A.D.3d 512, 813 N.Y.S.2d 671

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

DecidedMay 2, 2006

StatusPublished

Cited by2 cases

This text of 29 A.D.3d 512 (Cruz v. McAneney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cruz v. McAneney, 29 A.D.3d 512, 813 N.Y.S.2d 671 (N.Y. Ct. App. 2006).

Pincite

Opinion

In an action to recover a monetary award distributed by the Federal September 11th Victim Compensation Fund of 2001, the defendant appeals from an order of the Supreme Court, Kings County (Lewis, J.), entered October 17, 2003, which granted the plaintiffs motion for a preliminary injunction enjoining him from, inter alia, transferring any portion of the award and directed him to maintain the award in a neutral, third-party escrow account.

Ordered that the order is affirmed, without costs or disbursements.

To establish entitlement to a preliminary injunction, a plaintiff must show a probability of success on the merits, a danger of irreparable injury in the absence of an injunction, and a balance of the equities in its favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; Regatta Condominium Assn. v Village of Mamaroneck, 303 AD2d 741, 742 [2003]; Klein, Wagner & Morris v Lawrence A. Klein, P.C., 186 AD2d 631 [1992]). Here, the Supreme Court properly granted the motion for a preliminary injunction (see Cruz v McAneney, 31 AD3d 54 [2006] [decided herewith]). Florio, J.P., Krausman, Luciano and Spolzino, JJ., concur.

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In an action to recover a monetary award distributed by the Federal September 11th Victim Compensation Fund of 2001, the defendant appeals from an order of the Supreme Court, Kings County (Lewis, J.), entered October 17, 2003, which granted the plaintiffs motion for a preliminary injunction enjoining him from, inter alia, transferring any portion of the award and directed him to maintain the award in a neutral, third-party escrow account.

Ordered that the order is affirmed, without costs or disbursements.

To establish entitlement to a preliminary injunction, a plaintiff must show a probability of success on the merits, a danger of irreparable injury in the absence of an injunction, and a balance of the equities in its favor (see Aetna Ins. Co. v Capasso, 75 NY2d 860, 862 [1990]; Regatta Condominium Assn. v Village of Mamaroneck, 303 AD2d 741, 742 [2003]; Klein, Wagner & Morris v Lawrence A. Klein, P.C., 186 AD2d 631 [1992]). Here, the Supreme Court properly granted the motion for a preliminary injunction (see Cruz v McAneney, 31 AD3d 54 [2006] [decided herewith]). Florio, J.P., Krausman, Luciano and Spolzino, JJ., concur.

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Bluebook (online)

29 A.D.3d 512, 813 N.Y.S.2d 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cruz-v-mcaneney-nyappdiv-2006.

Opinion

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