Nesis v. Paris International Lighting, Inc., 184 A.D.2d 485

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about December 19, 1991, which granted, inter alia, plaintiffs motion for a preliminary injunction enjoining the defendant corporation from transferring any assets, and which appointed a receiver, unanimously affirmed, without costs.

The plaintiff demonstrated a likelihood of ultimate success on the merits, irreparable harm, and a balance of equities in his favor (Primo Enter. v Bachner, 148 AD2d 350, 351). Given the plaintiff’s showing of a likelihood of waste by the defendant corporation and the demonstration of a fraudulent transfer of assets, it was, in the circumstances, not an abuse of discretion to have granted injunctive relief (see, R & J Bottling Co. v Rosenthal, 40 AD2d 911), or to have appointed a receiver (see, Nelson v Nelson, 99 AD2d 917).

We have reviewed defendant’s other arguments and find them to be without merit. Concur — Milonas, J. P., Wallach, Kupferman and Smith, JJ.

Case Details

Case Name: Nesis v. Paris International Lighting, Inc.

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 30, 1992

Citations: 184 A.D.2d 485; 587 N.Y.S.2d 152; 1992 N.Y. App. Div. LEXIS 8604

Court Abbreviation: N.Y. App. Div.