The plaintiffs brought a motion seeking a Mareva injunction to restrain certain defendants from transferring or dissipating assets pending trial in an action alleging breach of contract, negligence, and negligent misrepresentation arising from a failed financing arrangement.
The court considered the established test for Mareva injunctions, including the requirement of a strong prima facie case and the risk of dissipation of assets.
On the limited interim record, the court found that the plaintiffs had demonstrated a strong prima facie case at least with respect to breach of contract and an existing $80,000 judgment.
However, evidence of assets and risk of dissipation was limited.
The court granted a narrowly tailored interim interim Mareva injunction restraining dealings with specific real property owned by a corporate defendant and funds in a bank account held by an individual defendant pending a full hearing.
