Wilmot v. Del Bello

Appellate Division of the Supreme Court of New York

Wilmot v. Del Bello

69 A.D.2d 989, 416 N.Y.S.2d 768, 1979 N.Y. App. Div. LEXIS 11760

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 6, 1979

StatusPublished

This text of 69 A.D.2d 989 (Wilmot v. Del Bello) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilmot v. Del Bello, 69 A.D.2d 989, 416 N.Y.S.2d 768, 1979 N.Y. App. Div. LEXIS 11760 (N.Y. Ct. App. 1979).

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Opinion

Order unanimously affirmed, with costs. Memorandum: We find no basis for interfering with Special Term’s exercise of discretion in granting the preliminary injunction pursuant to CPLR 6301. Although no undertaking was furnished as required by CPLR 6312, the court may permit the plaintiff to submit the undertaking nunc pro tunc (Olechna v Town of Smithtown, 51 AD2d 1036; McLaughlin, Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 6312, pp 124-125). Upon defendants’ application, Special Term shall compel plaintiff to furnish an undertaking in an appropriate amount. (Appeal from order of Monroe Supreme Court—temporary restraining order.) Present—Dillon, P. J., Simons, Hancock, Jr., Callahan and Moule, JJ.

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Order unanimously affirmed, with costs. Memorandum: We find no basis for interfering with Special Term’s exercise of discretion in granting the preliminary injunction pursuant to CPLR 6301. Although no undertaking was furnished as required by CPLR 6312, the court may permit the plaintiff to submit the undertaking nunc pro tunc (Olechna v Town of Smithtown, 51 AD2d 1036; McLaughlin, Supplementary Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 6312, pp 124-125). Upon defendants’ application, Special Term shall compel plaintiff to furnish an undertaking in an appropriate amount. (Appeal from order of Monroe Supreme Court—temporary restraining order.) Present—Dillon, P. J., Simons, Hancock, Jr., Callahan and Moule, JJ.

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Bluebook (online)

69 A.D.2d 989, 416 N.Y.S.2d 768, 1979 N.Y. App. Div. LEXIS 11760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilmot-v-del-bello-nyappdiv-1979.

Opinion

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