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Litigators Obtain Preliminary Injunction on behalf of NY Fashion School Against Minority Shareholder

On March 8, 2021, Judge Andrew Borrok of the Supreme Court of the State of New York, County of New York (Commercial Division) granted Kane Kessler’s application for a preliminary injunction against a minority shareholder of the client company (a NYC-based fashion school) who had been trying to take over control of the company by falsely representing to third parties that he was its sole owner and director. Judge Borrok had previously granted the client company’s emergency application for a temporary restraining order.

Judge Borrok held that Kane Kessler’s client was entitled to the extraordinary remedy of a TRO and preliminary injunction by establishing that it was likely to succeed on the merits of its claims, that it would be irreparably harmed in the absence of an injunction and that the balance of the equities favored the company. Among other things, Judge Borrok restrained the defendant from holding himself out as a director, officer or the owner of the company or from entering into any contract on behalf of the company.

The attorneys for the Firm who represented the company were Arthur M. Rosenberg and Jonathan M. Sabin of the firm’s Litigation Department. See Legacy Organization, Inc. v. Alessandro Nomellini, No. 650785/2021 (Sup. Ct. N.Y. Cnty.) (Borrok, J.) (NYSCEF No. 88)

This memo is provided for informational purposes only. It is not intended as legal advice and readers should consult counsel to discuss how these matters relate to their individual circumstances.