An executor commencing a turnover proceeding for the return of a Picasso allegedly gifted by the decedent shortly before his death to the respondent, and now in respondent’s possession, would be wise to seek injunctive relief safeguarding that painting pending the outcome of the proceeding.
The provisional remedy of a preliminary injunction is governed by CPLR 6301, which provides in part:
A preliminary injunction may be granted in any action where it appears that the defendant threatens or is about to do, or is doing … an act in violation of the plaintiff’s rights respecting the subject of the action, and tending to render the judgment ineffectual… . (emphasis added).
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