Opinion
July 12, 1982
Motion to increase undertaking denied, without costs. Motion to ascertain damages denied, without costs. The damages must be ascertained by a separate action commenced on the undertaking. CPLR 6315 is not applicable since the undertaking was not the condition for a preliminary injunction pursuant to CPLR article 63. Mahoney, P.J., Mikoll, Yesawich, Jr., Weiss and Levine, JJ., concur.