February 16, 2018

Fishkin Lucks Prevails Against Order to Show Cause in Supreme Court of New York

The Firm prevailed today in the Supreme Court of New York (New York County) (Sherwood, J.) when the Court, following extensive briefing and hearings, dissolved an ex parte temporary restraining order that had been entered against our client, a real estate developer, by a co-managing member of the parties’ limited liability company, and denied the co-managing member’s application to preliminarily enjoin our client from exercising certain rights under the parties’ Operating Agreement to manage a development project.  In ruling in our client’s favor, the Court agreed with our arguments that the co-managing member lacked standing and was thus unable to show a likelihood of success on the merits of its claims.