UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
July 22, 2010
E.I. HOLLINGSWORTH & CO., PLAINTIFF,
ROBERTS TOWING & RECOVERY SPECIALISTS, DEFENDANT.
The opinion of the court was delivered by: Gary L. Sharpe U.S. District Judge
DECISION AND ORDER
On July 9, 2010, E.I. Hollingsworth &Co., filed an Order to Show Cause seeking a preliminary injunction requiring Roberts Towing & Recovery Specialists*fn1 to release a tractor, trailer, cargo; and sought attorneys' fees. In general, a district court may grant a preliminary injunction where the moving party establishes:
(1) that it is likely to suffer irreparable injury if the injunction is not granted, and (2) either (a) a likelihood of success on the merits of its claim, or (b) the existence of serious questions going to the merits of its claim and a balance of the hardships tipping decidedly in its favor.
Moore v. Consol. Edison Co. of N.Y., Inc., 409 F.3d 506, 510 -11 (2d Cir. 2005). "Such relief...is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion. " Id.
In this case, the court is satisfied that E.I. Hollingsworth has shown irreparable harm. See Pl. Memo. P. 4. Accordingly, it is hereby ordered that E.I. Hollingsworth & Co. is to place the total amount of the invoice issued by Roberts Towing, representing the amount due and owning on a towing and storage invoice dated June 1, 2010, into E.I. Hollingsworth counsel's interest bearing attorney escrow account, not to be dissipated without further order of this court. It is further ordered that Roberts Towing is to immediately release E.I. Hollingsworth's property, more particularly, tractor, trailer and cargo to E.I. Hollingsworth or its agent.
IT IS SO ORDERED.