September 29, 2009

Remedies.

Practice point: A preliminary injunction is not available to preserve assets as security for a potential money judgment even if a party intends to frustrate a judgment by making it uncollectible.

Practitioners should note that a general creditor might seek an attachment if the debtor is looking to transfer assets.

Case: Fatima v. Twenty Seven-Twenty Four Realty Corp., NY Slip Op 06503 (2d Dept. 2009)

The opinion is here.

Tomorrow’s issue: Res judicata.