Ny - Provisional Remedies - Mnemonics

Front 1

The court will enjoin a 'LIE' to file a 'SLOB'

Back 1

o Preliminary Injunction is not granted unless plaintiff demonstrates “LIE”  Grounds For Preliminary Injunction are “LIE”

 (1) LIKELIHOOD of P’s success
• Court asks if P has likelihood of success.
 (2) IRREPERABLE injury to P unless the PI is granted
• Irreparable injury is either:
o 1) that which cannot be repaired or restored
o 2) where P cannot be adequately compensated by money
o 3)where money damages cannot be easily measured by the court*
 That is determining damages would be difficult and complex for the court.
 (3) EQUITIES when balanced by the court clearly tip in P’s favor
• Here, the court will use the COMPARATIVE HARDSHIP TEST by weighing the harm that the moving party would suffer if the court denied the injunction balanced against the harm the defendant would suffer if the injunction was issued.
• The court will grant the injunction when the Plaintiff presents proof that the comparative harm they would suffer if injunction was denied is significantly

Front 2

you must 'FIND CJ' to attach her property

Back 2

• Before the court will grant an attachment order, it must find that an “EXTRAORDINARY CIRCUMSTANCES” exists. Defendant must satisfy at least one of the following “FIND CJ” grounds to qualify for extraordinary circumstances that merits having an order of ATTACHMENT  “FIND CJ”-Extraordinary Circumstances –
Grounds For Orders Of Attachment

o FOREIGN corporation not qualified to do business in NY
 If D is a Foreign corporation not qualified to do business in NY, then this may be an extraordinary circumstance that merits the court granting an order of attachment.
o INTENT to defraud creditors
 If D has an INTENT to defraud creditors, then this may be an extraordinary circumstancing that merits having an Order of Attachment
• INTENT can be shown if D has concealed/transferred assets or is about to do so (constructive fraud)
 P’s allegations of intent to defraud, must be more than conclusory (“I believe”) in order to establish this “extraordinary ground”.

Front 3

before granting a 'LIAR' the court looks for a 'COP'

Back 3

• The purpose for using a provisional remedy is to maintain the status quo prior to judgment. Generally, courts permit a party to use only 1 provisional remedy in a lawsuit. CPLR 6001 allows party to move for protective order if provisional remedy is being used.
o Provisional remedies are usually requested by plaintiffs but they are available to defendants who assert counterclaims / cross-claims / impleader complaints.
• The 4 PROVISIONAL REMEDIES IN NY are “LIAR”
o L: LIS PENDENS– filing which warns someone not to buy D’s real property because of P’s claim on D’s realty
o I: Preliminary INJUNTION restraining D pending the outcome of the lawsuit.
o A: order of ATTACHMENT attaching D’s NY property as security for payment for the final money judgment.
 Note: This is great device but limited.
o R: RECEIVER appointed by court to oversee and preserve property involved in an equitable action.
• Even if P establishes entitlement to provisional remedy, it always discretionary on