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M & R LEASING INC. v. BANK ATLANTIC

38 A.D.3d 239 (2007)

832 N.Y.S.2d 799

M & R LEASING INC., Respondent, v. BANK ATLANTIC, Appellant, and CREDIT SUISSE FIRST BOSTON, LLC, et al., Respondents.

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

Decided March 6, 2007.

Although the terms of the restraining order were within the court's discretion (CPLR 5240; see generally Guardian Loan Co. v Early, 47 N.Y.2d 515, 519 [1979]), Bank Atlantic's motion was unopposed, and it has demonstrated that it will suffer prejudice without the opportunity for continuing restraint. Furthermore, the record reveals no countervailing rationale for the denial of that relief. Similarly, there is no reason in the record...

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