Multiple purchasers of commercial condominium units alleged misrepresentation and overcharging by the developer and sought interlocutory relief preventing the developer from disposing of its remaining assets pending trial.
The moving parties argued the developer had limited assets and that dissipation would frustrate recovery of any judgment.
The court held that pre‑judgment restraint of assets is an extraordinary remedy requiring a strong prima facie case, evidence of asset dissipation outside the ordinary course of business, and proof of irreparable harm.
The evidence did not establish that the developer was disposing of assets improperly or that irreparable harm would result.
The motion to restrain disposition of assets was dismissed.
