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A&F HAMILTON HEIGHTS CLUSTER, INC. v. URBAN GREEN MANAGEMENT, INC.

2717, 653038/14, 595555/15.

146 A.D.3d 502 (2017)

2017 NY Slip Op 00135

45 N.Y.S.3d 45

A&F HAMILTON HEIGHTS CLUSTER, INC., Derivatively on Behalf of HAMILTON HEIGHTS CLUSTER ASSOCIATES, L.P., et al., Plaintiffs, and JAMES FENDT, Derivatively on Behalf of HAMILTON HEIGHTS CLUSTER ASSOCIATES, INC., Appellant, v. URBAN GREEN MANAGEMENT, INC., et al., Respondents, et al., Defendants. (And Other Actions.)

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

Decided January 10, 2017.

The motion court did not award sanctions pursuant to 22 NYCRR 130-1.1 (c) (3), but rather granted that portion of the motion to compel the return of all funds paid from HHCA's bank accounts to Tendy. "The traditional judicial equity power in NY Constitution, article VI, § 7 is implemented by CPLR 3017 (a), which prescribes that the court may grant any type of relief within its jurisdiction appropriate to the proof whether...

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