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Strong Representation For Injunctions Litigation

Injunctions are a powerful tool whereby the court orders a party to do, or refrain from undertaking certain acts or failures to act, that are harming you or your business. The courts grant applications for injunctions to preserve the status quo between parties and to prevent a party from irreparably harming your rights. At the Law Offices of Peter Sverd, PLLC, many of our clients have benefited from applying for and obtaining temporary, preliminary, and permanent injunctive relief. We use Yellowstone Injunctions to protect our client’s rights in residential and commercial real property disputes, and we are well versed in seeking injunctive relief at the commencement of the litigation.

What To Know About Temporary Injunctions

Temporary injunctions are made through an Order to Show Cause (an expedited motion) to the court and are presented to the court without the adversary having an opportunity to prepare opposition papers to the motion. The parties will appear before a judge and will orally and upon the moving papers, request or oppose the application. The judge will either issue a temporary restraining order (“TRO”), which will be binding for both parties, or the judge will deny the application. Presuming the court grants the TRO, the judge will then direct the opponent of the motion to submit opposition papers, at which time the opposing party will submit an affidavit of facts and legal arguments as to why the application for a preliminary injunction should not be granted. The parties will then appear in court before the judge, on a date set by the court, to argue whether a preliminary injunction should be issued by the court. Once again the parties will make oral arguments.

Permanent Injunctions Information

If the court grants the application for the preliminary injunction, then the order will stand in effect until the final resolution of the case. For those versed and experienced with litigating in New York State Courts, the gravity of a preliminary injunction cannot be overstated. Often times court cases can take several years until a final judgment is obtained. The party that is benefiting from the preliminary injunction will enjoy the rights afforded to it by the court order for the entire course of the litigation. While injunctions are not intended to provide the ultimate relief that is sought in the litigation, many times the award of a preliminary injunction is a “win” for the client as their core objectives in the litigation are obtained. A permanent injunction is awarded at the final judgment of the case, which will either be attained by settlement, by motion or by trial.

Let Us Handle Your Case

Trying to resolve any kind of injunction issue on your own can result in less than satisfactory results. Instead of taking chances with your case, let us act on your behalf. Email us here to schedule your initial consultation today.