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Featured Case

Supreme Court Should Not Have Denied Plaintiff’s Request for a Preliminary Injunction Without a Hearing and the Temporary Restraining Order Should Not Have Been Vacated Without a Hearing, Defendants Were Seeking to Terminate Plaintiff’s Dialysis Treatment Based Upon Sharply Conflicting Evidence of Plaintiff’s Behavior

The First Department, reversing Supreme Court, determined the the temporary restraining order (TRO) preventing defendant dialysis provider from stopping plaintiff’s treatment should not have been vacated and plaintiff’s request for a preliminary injunction should have been denied without a hearing. The dialysis provider, Avantus, wanted to discontinue treatment because of plaintiff’s behavior. However the evidence of plaintiff’s behavior was sharply conflicting. Wilder v. Fresenius Med. Care Holdings, Inc., 2019 N.Y. Slip Op. 06054, First Dept 8-7-19

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.