The plaintiffs brought a motion for a Mareva injunction to restrain the defendants from dissipating assets pending the resolution of a breach of contract action related to a vendor take back mortgage.
The plaintiffs alleged the defendants defaulted on several obligations and were dissipating assets, pointing to a declining business and the refinancing of a principal residence.
The court dismissed the motion, finding no evidence of fraud or that the defendants were attempting to remove or dissipate assets to avoid judgment.
