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

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 2008
50 A.D.3d 533 (N.Y. App. Div. 2008)

Opinion

April 24, 2008.

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.

Before: Tom, J.P., Mazzarelli, Williams and Sweeny, JJ.


Based 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; CPLR 6312 [b]).


Summaries of

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

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 2008
50 A.D.3d 533 (N.Y. App. Div. 2008)
Case details for

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

Case Details

Full title:MADISON/FIFTH ASSOCIATES LLC, Respondent-Appellant, v. 1841-1843 OCEAN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 24, 2008

Citations

50 A.D.3d 533 (N.Y. App. Div. 2008)
854 N.Y.S.2d 895

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