MATTER OF WITHAM v. FINANCE INVESTMENTS, INC.


52 A.D.3d 403 (2008)

860 N.Y.S.2d 98

In the Matter of JAMES C. WITHAM, Respondent, v. vFINANCE INVESTMENTS, INC., Appellant, et al., Respondent.

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

Decided June 24, 2008.


The preliminary injunction was not an improvident exercise of discretion. Because petitioner claims the right to retain ownership of shares in the company of which he is CEO and Chair of the Board, and because those shares would be sold without an injunction, "the award to which the applicant may be entitled may be rendered ineffectual without such provisional relief" (CPLR 7502 [c]). Moreover, applying the traditional three-pronged analysis, petitioner showed a likelihood...

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