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, our firm will
petition the court on an expedited basis. We will also seek a declaratory judgment
to legally validate claims of ownership, rent regulatory status or assertions
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.
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.
Any information you may have obtained from this site is not, nor is it intended to be, legal advice.