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LEHEY v. GOLDBURT

6199, 112623/10

90 A.D.3d 410 (2011)

933 N.Y.S.2d 281

2011 NY Slip Op 8670

JOSEPH LEHEY, Individually and as a Member of FSJ, LLC, a Delaware Limited Liability Company, on Behalf of Himself and All Other Members of FSJ, LLC Similarly Situated and in the Right of FSJ, LLC, Respondent, v. Tim GOLDBURT et al., Appellants, et al., Defendants.

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

Decided December 1, 2011.

The decision to grant or deny provisional relief is ordinarily committed to the sound discretion of the court. However, the function of a provisional remedy is "not to determine the ultimate rights of the parties, but to maintain the status quo until there can be a full hearing on the merits" (Residential Bd. of Mgrs. of Columbia Condominium v Alden, 178 A.D.2d 121, 122 [1991]). Further, the issuance of a mandatory injunction is...

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