The plaintiff sought to continue an ex parte Mareva injunction and certificates of pending litigation (CPLs) against the defendant, Mornan, in relation to an $8 million cellphone robbery.
Mornan brought a cross-motion to set aside the orders.
The court found the plaintiff failed to make full and frank disclosure on the original ex parte motion, misstating the defendant's criminal charges and involvement.
The court also found the plaintiff failed to establish a strong prima facie case or a real risk of dissipation.
The Mareva injunction and CPLs were set aside, and the defendant was awarded full indemnity costs.
