If a court order is required to prevent a party from doing something objectionable now or in the future or, to compel a party to take affirmative action to do something, Mr. Wachtel will petition the court on an expedited basis. He will also seek a declaratory judgment to legally validate claims of ownership, rent regulatory status or assertions of rights.
An injunction is a court order requiring a person or business entity to do or cease doing a specific action. There are two types of injunctions: a temporary restraining order and a preliminary injunction. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. The purpose of both is to maintain the status quo by preventing a defendant from continuing to act in the manner complained of. Injunctive relief is a discretionary power of the court, an equitable remedy and failure to comply with an injunction may result in being held in contempt of court.
Injunctive relief is a discretionary power of the court in which the court, upon deciding that the plaintiff’s rights are being violated, balances the irreparablility of injuries and inadequacy of damages if an injunction were not granted against the damages that granting an injunction would cause. The Court can also order a mandatory preliminary injunction effecting real property directing the removal of a structure encroaching on the real property.
Declaratory judgments permit parties to a controversy to determine rights, duties, obligations or status. It is a judgment issued by the court that defines the legal relationship between the parties and their rights with respect to the matter before the court. A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have or establishing the legal status or interpretation of a law or instrument, without awarding damages or ordering them to do anything.
Unlike most court cases, where the plaintiff asks for damages or other court orders, the plaintiff in a declaratory judgment case simply wants the court to resolve an uncertainty so that it can avoid future legal consequences. Courts are usually reluctant to hear declaratory judgment cases, but in cases involving a claim that a governmental agency has failed to comply with its own policies and procedures to the detriment of a plaintiff, courts will step in to determine the parties’ rights. For example, state agencies such as the Division of Housing and Community Renewal or the Department of Taxation and Finance, are required to make determinations based upon their own established policies and procedures, yet some times these determinations run contrary. A plaintiff who thinks the determination was arbitrary and capricious might ask a court to rule on the applicability of the agency’s policies and procedures to its determination.
From his office in midtown Manhattan, the law firm of Gary J. Wachtel, Esq. represents real estate clients across the entire New York City area, including the boroughs Manhattan, Brooklyn, Bronx, Queens, and Staten Island and throughout Nassau and Suffolk Counties. Contact his law offices now, or call him today to arrange for your initial appointment, and let his experience be your advantage – 212-371-6500.
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