DONG-PYO YANG v. 75 ROCKEFELLER CAFÉ CORP.


50 A.D.3d 320 (2008)

855 N.Y.S.2d 84

DONG-PYO YANG, Individually and on Behalf of Himself and All Other Shareholders of 75 ROCKEFELLER CAFÉ CORP. Similarly Situated, Respondent, v. 75 ROCKEFELLER CAFÉ CORP. et al., Defendants, and EMPIRE STATE CAPITAL CORP., Appellant.

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

Decided April 3, 2008.


The court exercised its discretion in a provident manner in granting plaintiff shareholder's application for preliminary injunctive relief upon his clear showing of a likelihood of success on the merits of his claims that a corporate loan made by Empire was unauthorized by the corporation, that plaintiff would suffer irreparable injury unless the relief sought was granted, and that the balancing of the equities lies in favor of plaintiff and the corporation (see W.T. Grant...

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