by | Jul 3, 2024 | Firm News |

Creedon & Gill sought emergency relief in the Kings County Surrogate Court to enjoin an employee from hijacking the  business he  had been employed in after the owners death.

CPLR 6401 provides for the appointment of a temporary receiving upon the motion of a person having an apparent interest in property at any time prior to judgment where there is danger that property of the estate will be lost, materially damaged or destroyed.

SCPA 2108 authorizes a “petition for the continuation of a business other than a profession, of which decedent or the person whose estate is being administered was sole owner and it is desired to continue it for the best interests of the estate. ”

CPLR 6301 authorizes injunctive relief when a movant can establish the likelihood of success on the merits of the action; the danger of irreparable harm in the absence of a preliminary injunction; and a balance of equities in favor of the moving party.

In addressing these considerations, the matter of In re Benincaso File No. 2011-363596/A, at *9 (N.Y. Surr. Ct. 2012) is instructive. In Benicaso the Court granted Petitioner prayer for authorization to continue a business for two years from the date of its decision and order and the Court further ordered the Respondent to cease all interference with the decedent’s businesses.

In the instant matter, as in Benicaso, there is the real danger that property of the Estate will be destroyed by the theft of business, that the continuation of decedent’s businesses are in the best interests of the estate and the likelihood of success on the merits, danger of irreparable harm and balancing of equities favor granting the relief prayed for.