Taft Partners Development Group v. Drizin

268 A.D.2d 347, 700 N.Y.S.2d 833, 2000 N.Y. App. Div. LEXIS 750

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 25, 2000
• Status: Published

Opinion

—Order, Supreme Court, New York County (Herman Cahn, J.), entered on or about September 1, 1998, which, insofar as appealed, from, granted defendant’s motion for a preliminary injunction prohibiting plaintiffs from distributing or otherwise dissipating any refund received from the New York State Department of Taxation and Finance and directing them to deposit such money in a separate interest-bearing account, unanimously modified, on the law and the facts, to the extent of directing defendant to post a bond as a condition to such injunctive relief, and remanding the matter for the purpose of fixing the amount thereof, and otherwise affirmed, without costs.

The motion court properly granted a preliminary injunction in order to maintain the status quo pending resolution of this dispute between partners, but should have required defendant to post an undertaking (CPLR 6312 [b]). Concur—Rosenberger, J. P., Tom, Mazzarelli, Lerner and Rubin, JJ.