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Wilmot v. Del Bello

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 6, 1979
69 A.D.2d 989 (N.Y. App. Div. 1979)

Opinion

April 6, 1979

Appeal from the Monroe Supreme Court.

Present — Dillon, P.J., Simons, Hancock, Jr., Callahan and Moule, JJ.


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 A.D.2d 1036; McLaughlin, Supplementary Practice Commentaries, McKinney's Cons Laws of N.Y., Book 7B, CPLR 6312, pp 124-125). Upon defendants' application, Special Term shall compel plaintiff to furnish an undertaking in an appropriate amount.


Summaries of

Wilmot v. Del Bello

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 6, 1979
69 A.D.2d 989 (N.Y. App. Div. 1979)
Case details for

Wilmot v. Del Bello

Case Details

Full title:JAMES P. WILMOT, Doing Business as FAYETTEVILLE MALL, Respondent, v. DALE…

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

Date published: Apr 6, 1979

Citations

69 A.D.2d 989 (N.Y. App. Div. 1979)