Opinion
November 26, 1991
Appeal from the Supreme Court, New York County (Francis N. Pecora, J.).
On an appeal from the grant of a preliminary injunction, review should be limited to whether there has been an abuse of discretion (Gambar Enters. v. Kelly Servs., 69 A.D.2d 297, 306). We find no such abuse here. Respondent satisfied the three-pronged test for a preliminary injunction (see, Koursiaris v. Astoria N. Dev., 143 A.D.2d 639). Whatever the parties' present contentions with respect to the actual agreement, the sublease plainly calls for the demised premises to consist of 300 square feet of space. Nor did IAS abuse its discretion in fixing the undertakings. The amounts fixed are rationally related to defendants' potential damages if the preliminary injunction later proves to have been unwarranted (61 W. 62nd Owners Corp. v Harkness Apt. Owners Corp., 173 A.D.2d 372, 373).
We have reviewed defendants' remaining arguments and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Smith and Rubin, JJ.