Evans v. Santisi

Full title: BARRY EVANS, Appellant, v. LEONARD J. SANTISI et al., Respondents

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

Date published: Dec 8, 1998

256 A.D.2d 91 (N.Y. App. Div. 1998)

681 N.Y.S.2d 754

Opinion

December 8, 1998

Appeal from the Supreme Court, New York County (Barry Cozier, J.).

The judicial relief requested by plaintiff is foreclosed by the mandatory alternative dispute resolution provisions in the parties' October 30, 1997 Dissolution Agreement. Moreover, even if the parties' agreement posed no impediment to the relief sought by plaintiff, such relief would still be unavailable to plaintiff. As the motion court observed, plaintiff otherwise failed to establish the requisites for the grant of a preliminary injunction ( see, Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860, 862) and did not demonstrate the need for the appointment of a receiver to oversee the winding down of the dissolved law firm's affairs ( see, Mandel v. Grunfeld, 111 A.D.2d 668).

Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.