The plaintiff obtained an ex parte Mareva injunction and Certificate of Pending Litigation against the defendants, alleging fraudulent and deficient electrical work during a home renovation and claiming the defendants were dissipating assets to avoid judgment.
On the motion to continue the injunction, the court dissolved the orders, finding the plaintiff failed to make full and frank disclosure regarding available insurance and the extent of deficiencies.
Furthermore, the plaintiff failed to establish a strong prima facie case or a serious risk of asset dissipation, as the evidence of fraud and intent to hide assets was largely speculative and contradicted by the defendants' evidence.
