Will a judge allow me to ... in NYC

[PrinceCharming]

Will a judge allow me to request an injuction during an order to show cause to ammend a complaint?

Background: I was fired by a private school for taking them to court for not paying me my salary.

I also worked as a shadow for a student (paid by a third party) who is enrolled at this school.

When I was fired, I was told that I cannot enter the building anymore and therefore I lost my shadow job as well.

I asked if my wife could work as a shadow, and they said no without explanation.

 

[You Are Guilty]

You can ask, but the odds of it being granted are infinitesimal. The burden on injunctions is enormous - you essentially have to prove, up front, that you're going to win your case. I'm not even going to get into the procedural requirements. Read Article 63 of the CPLR for more details.

 

[PrinceCharming]

I have a letter that says that I was fired because I sued them. Would that be enough proof up front that I will win my case?

 

[HomeGuru]

I have a letter that says that I was fired because I sued them. Would that be enough proof up front that I will win my case?

**A: no, there is no guaranty that you will win your case with or without the evidence.

 

[PrinceCharming]

I found out that NYC Civil Court permits injunctions, but I need to file a separate Order to Show Cause and I was not able to combine the motions once I already filed the first motion.

I would have won the injunction by default since the defendant didn't show up.

I chose not to file a separate injunction for personal reasons.

My Amended complaint was accepted for over 1/2 million dollars even though the jurisdiction is $25,000.

Reason: Each paycheck is a separate cause of action.

 

[You Are Guilty]

I found out that NYC Civil Court permits injunctions, but I need to file a separate Order to Show Cause and I was not able to combine the motions once I already filed the first motion.

I would have won the injunction by default since the defendant didn't show up.

I chose not to file a separate injunction for personal reasons.

My Amended complaint was accepted for over 1/2 million dollars even though the jurisdiction is $25,000.

Reason: Each paycheck is a separate cause of action.

I can file a complaint that says I want equitable relief, $1M in damages, and the judge to give me a foot rub. However, whenever it comes time to grant some sort of relief, even via a default, you can rest assured the Court will not be rubbing my feet.

In other words, "don't count your chickens" just yet.