Taft Partners Development Group v. Drizin

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

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.