In re the Arbitration between Guarini & Severini

Appellate Division of the Supreme Court of New York

In re the Arbitration between Guarini & Severini

233 A.D.2d 196, 650 N.Y.S.2d 4, 1996 N.Y. App. Div. LEXIS 11785

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

DecidedNovember 19, 1996

StatusPublished

Cited by4 cases

This text of 233 A.D.2d 196 (In re the Arbitration between Guarini & Severini) 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

In re the Arbitration between Guarini & Severini, 233 A.D.2d 196, 650 N.Y.S.2d 4, 1996 N.Y. App. Div. LEXIS 11785 (N.Y. Ct. App. 1996).

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Opinion

—Judgment, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about March 13, 1996, which granted petitioner’s application pursuant to CPLR 7502 (c) for a preliminary injunction, and directed petitioner to post an undertaking in the amount of $200,000, unanimously affirmed, without costs.

The IAS Court properly refused to consider the merits of petitioner’s admittedly arbitrable claims, as it would on a motion for a preliminary injunction under CPLR article 63, correctly noting that under CPLR 7502 (c), the only consideration in deciding whether to grant a preliminary injunction is whether "the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief” (see, Matter of Denihan [Denihan], 119 AD2d 144, affd 69 NY2d 725; National Telecommunications Assn. v National Communications Assn., 189 AD2d 573). We also agree with the IAS Court that preservation of the status quo with respect to the subject corporation’s governance and assets is necessary to assure its orderly dissolution, the relief petitioner seeks in arbitration, and that an undertaking of $200,000 is appropriate. Concur—Murphy, P. J., Milonas, Wallach, Rubin and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered on or about March 13, 1996, which granted petitioner’s application pursuant to CPLR 7502 (c) for a preliminary injunction, and directed petitioner to post an undertaking in the amount of $200,000, unanimously affirmed, without costs.

The IAS Court properly refused to consider the merits of petitioner’s admittedly arbitrable claims, as it would on a motion for a preliminary injunction under CPLR article 63, correctly noting that under CPLR 7502 (c), the only consideration in deciding whether to grant a preliminary injunction is whether "the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief” (see, Matter of Denihan [Denihan], 119 AD2d 144, affd 69 NY2d 725; National Telecommunications Assn. v National Communications Assn., 189 AD2d 573). We also agree with the IAS Court that preservation of the status quo with respect to the subject corporation’s governance and assets is necessary to assure its orderly dissolution, the relief petitioner seeks in arbitration, and that an undertaking of $200,000 is appropriate. Concur—Murphy, P. J., Milonas, Wallach, Rubin and Mazzarelli, JJ.

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Bluebook (online)

233 A.D.2d 196, 650 N.Y.S.2d 4, 1996 N.Y. App. Div. LEXIS 11785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-arbitration-between-guarini-severini-nyappdiv-1996.

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