BAKER v. WINTER


12 A.D.3d 304 (2004)

784 N.Y.S.2d 853

KIM BAKER, on Behalf of Herself and GOUDA, INC., et al., Respondents, v. BRUCE WINTER et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 23, 2004.


In view of the ample evidence of corporate waste and fraud, the court properly exercised its discretion in issuing a preliminary injunction. The evidence as to the extent of the alleged fraud, and the number of years over which it occurred, is supportive of the injunction's breadth. While the viability of the individual causes of action will be adjudicated in the context of the pending motion to dismiss, neither UCC 8-319 (since repealed) nor General Obligations Law §...

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