Opinion
December 29, 1992
Appeal from the Supreme Court, New York County (Carmen Beauchamp Ciparick, J.).
The parties entered into a two-month lease, at the end of which plaintiff refused to vacate, claiming it was entitled to a three-year lease. Plaintiff secured a temporary restraining order and preliminary injunction, the latter conditioned upon plaintiff's posting of an undertaking, which it did (see, Preston Corp. v Fabrication Enters., 68 N.Y.2d 397, 404-405; Matter of Technicare Corp. v New York City Health Hosps. Corp., 131 A.D.2d 371, 373).
The court subsequently determined, and we agree, that plaintiff's claim was without merit and that plaintiff was, therefore, a holdover tenant. In light of the nature of plaintiff's occupancy during the period in which the preliminary injunction was in effect, plaintiff is liable for damages. Accordingly, plaintiff's motion for release of its undertaking was properly denied.
Concur — Carro, J.P., Rosenberger, Ellerin, Kupferman and Kassal, JJ.