Idea Nuova, Inc. v. GM Licensing Group, Inc., No. 1:2008cv08595 - Document 43 (S.D.N.Y. 2009)

Court Description: ORDER: The absence of a final judgment in this case and the availability of a supersedeas bond once final judgment is entered leads me to conclude that the burden on non-party garnishees outweighs the plaintiffs need in this case. All other relief sought by plaintiff is denied. I invite plaintiffs counsel to submit a proposed final judgment through the Court's judgment clerk and on notice to opposing counsel. (Signed by Judge P. Kevin Castel on 10/26/2009) (jpo)

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Idea Nuova, Inc. v. GM Licensing Group, Inc. Doc. 43 -0NlCALLY UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ............................................................... FILED X IDEA NUOVA, INC. Plaintiff-Respondent, , 08 Civ. 8595 (PKC) ORDER GM LICENSING GROUP. INC. Defendant-Petitioner. ............................................................... X P.KEVIN CASTEL, U.S.D.J.: I have reviewed the submissions of plaintiff, including the declaration and memorandum of law. Under the authority of CPLR § 5240, I will limit the use of CPLR 5 5222 restraining notices (assuming armendo that their use would be lawful in this case) and vacate any notices heretofore served. The absence of a final judgment in this case and the availability of a supersedeas bond once final judgment is entered leads me to conclude that the burden on non-party garnishees outweighs the plaintiffs need in this case. All other relief sought by plaintiff is denied. I invite plaintiffs counsel to submit a proposed final judgment through the Court's judgment clerk and on notice to opposing counsel. SO ORDERED. Dated: New York, New York October 26.2009 Dockets.Justia.com

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