US Income Partners, LLC v Cypress Pointe FL Holdings, LLC

Holding The court affirmed the lower court’s denial of the plaintiff’s motion for an order of attachment and appointment of a temporary receiver, finding the plaintiff failed to demonstrate a probability of success on the merits or provide clear evidentiary support. Additionally, the court upheld the stay of proceedings on the remaining causes of action pending the outcome of a related action due to substantial identity of parties and issues.

The court’s words

An order of attachment directs the sheriff to take constructive and sometimes actual hold of a defendant's property

2026 NY Slip Op 04634, at the official text

Attachment is a 'harsh' remedy, and is construed narrowly in favor of the party against whom the remedy is invoked

2026 NY Slip Op 04634, at the official text

The appointment of a temporary receiver is an extreme remedy resulting in the taking and withholding of possession of property

2026 NY Slip Op 04634, at the official text

such that the goals of preserving judicial resources and preventing an inequitable result are properly served

2026 NY Slip Op 04634, at the official text