Idea Nuova, Inc. v. GM Licensing Group, Inc.

Filing 43

ORDER: The absence of a final judgment in this case and the availability of a supersedeas bond once final judgment is entered leads me to conclude that the burden on non-party garnishees outweighs the plaintiffs need in this case. All other relief sought by plaintiff is denied. I invite plaintiffs counsel to submit a proposed final judgment through the Court's judgment clerk and on notice to opposing counsel. (Signed by Judge P. Kevin Castel on 10/26/2009) (jpo)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IDEA NUOVA, INC.

-0NlCALLY
X

FILED

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Plaintiff-Respondent,

08 Civ. 8595 (PKC)

,

ORDER

GM LICENSING GROUP. INC.

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Defendant-Petitioner.
X

P.KEVIN CASTEL, U.S.D.J.:
I have reviewed the submissions of plaintiff, including the declaration and memorandum of law. Under the authority of CPLR § 5240, I will limit the use of CPLR

5 5222 restraining notices (assuming armendo that their use would be lawful in this case)
and vacate any notices heretofore served. The absence of a final judgment in this case and the availability of a supersedeas bond once final judgment is entered leads me to conclude that the burden on non-party garnishees outweighs the plaintiffs need in this case. All other relief sought by plaintiff is denied. I invite plaintiffs counsel to submit a proposed final judgment through the Court's judgment clerk and on notice to opposing counsel. SO ORDERED.

Dated: New York, New York October 26.2009