Z&S Successfully Defends Preliminary Injunction Motion Aimed at the Construction of a Mikvah Project

Z&S Partner Dan Richmond secured a Decision denying preliminary injunctive relief aimed at stopping a client’s construction of a mikvah project pending appeal.  The Honorable Robert M. Berliner of the Rockland County Supreme Court held that once a lower Court dismisses an Article 78 proceeding, it no longer has jurisdiction to issue injunctive relief.  While CPLR Section 5519(c) establishes that “[t]he court from or to which an appeal is taken or the court of original instance may stay all proceedings to enforce the judgment or order appealed from” pending an appeal, the Court agreed with Z&S that once a proceeding has been dismissed, “[t]here are no proceedings at issue [] to ‘enforce.’” The case is Tyler et al. v. Ramapo, et al., Index No. 033738/2021 (Sup. Ct. Rockland Cnty.) (Berliner, J.). A copy of the Decision and Order can be found here.

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