Opinion
May 11, 1971
Order, Supreme Court, New York County, entered February 2, 1971, unanimously modified, on the law and the facts and in the exercise of discretion, to provide that as a condition of the granting of the preliminary injunction the plaintiff within 30 days from date of entry of order hereon, file an additional undertaking for $10,000, and order otherwise affirmed, without costs and without disbursements. Under all the circumstances, we conclude that an undertaking of $5,000, as provided for, is inadequate for the protection of the defendants and that a proper exercise of discretion requires security for a total of $15,000 in addition to the escrow deposit. Furthermore, inasmuch as this action involves a commercial and nonjury cause, we call attention to the fact that the parties may secure an early trial.
Concur — McGivern, J.P., Markewich, Kupferman, Tilzer and Eager, JJ.