• David Slarskey

Results: Defeating an Insurer's Application for Emergency Relief

Yesterday we were called, with less than a day's notice, to learn the facts of a complex real estate lawsuit involving disputed easements across thirty years. We were asked to oppose an emergency application by our client's title insurer, which had accepted coverage to pursue the litigation, but which was now seeking to stay the lawsuit and reverse its coverage decision on an emergency basis.

Today the Court rejected the insurer's emergency application. The Court stripped the insurer of its reply papers when we pointed out that the insurer had not made even a minimal factual showing of irreparable harm. And we created a record of the insurer's meritless application when it could not defend the rudiments required for injunctive relief.

A couple of years ago a client called -- a growing start-up -- and asked if we could help them with some "ninja lawyering." Once in a while...

Update: A year later, we have an arbitration victory, as well.


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