Madison/Fifth Associates LLC v. 1841-1843 Ocean Parkway, LLC

Appellate Division of the Supreme Court of New York

Madison/Fifth Associates LLC v. 1841-1843 Ocean Parkway, LLC

50 A.D.3d 533, 854 N.Y.S.2d 895

Appellate Division of the Supreme Court of the State of New York·Decided April 24, 2008·Published·Cited by 3 cases

Opinion

Order, Supreme Court, New York County (Karen Smith, J.), entered October 31, 2007, which, inter alia, directed plaintiff to post an undertaking in the amount of $200,000, unanimously affirmed, without costs.

[534]*534Based on the evidence presented at extensive hearings on the issue, the amount of the undertaking fixed by the court is “rationally related to defendants’ potential damages if the preliminary injunction later proves to have been unwarranted” (Kazdin v Putter, 177 AD2d 456, 457 [1991]; CPLR 6312 [b]). Concur—Tom, J.P., Mazzarelli, Williams and Sweeny, JJ.

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Order, Supreme Court, New York County (Karen Smith, J.), entered October 31, 2007, which, inter alia, directed plaintiff to post an undertaking in the amount of $200,000, unanimously affirmed, without costs.

[534]*534Based on the evidence presented at extensive hearings on the issue, the amount of the undertaking fixed by the court is “rationally related to defendants’ potential damages if the preliminary injunction later proves to have been unwarranted” (Kazdin v Putter, 177 AD2d 456, 457 [1991]; CPLR 6312 [b]). Concur—Tom, J.P., Mazzarelli, Williams and Sweeny, JJ.

Madison/Fifth Associates LLC v. 1841-1843 Ocean Parkway, LLC, 50 A.D.3d 533, 854 N.Y.S.2d 895 (N.Y. Ct. App. 2008).

Pincite

50 A.D.3d 533 (Madison/Fifth Associates LLC v. 1841-1843 Ocean Parkway, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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