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ZODKEVITCH, M.D. v. FEIBUSH

49 A.D.3d 424 (2008)

854 N.Y.S.2d 373

RONY ZODKEVITCH, M.D., Respondent, et al., Plaintiff, v. IGAL FEIBUSH et al., Defendants, and STEVEN SPIEGEL, ESQ., Appellant. (And a Third-Party Action.)

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

Decided March 20, 2008.

Supreme Court erred in directing appellant to place into an escrow account the funds he allegedly misappropriated since plaintiffs failed to make a clear showing that they would suffer irreparable injury unless that relief were granted, a necessary element on a motion for a preliminary injunction (see CPLR 6301; Matter of Non-Emergency Transporters of N.Y. v Hammons, 249 A.D.2d 124, 127 [1998]). Specifically, plaintiffs failed...

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