Opinion
January 16, 1990
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Richmond County, for a determination of the amount of the undertaking to be filed by the plaintiffs pursuant to CPLR 6312 (b).
We agree with the defendants that the Supreme Court erred by declining to require the plaintiffs to file an undertaking as mandated by CPLR 6312 (b) (see, Ziankoski v. Simmons, 140 A.D.2d 1007; see also, Feeley v. Midas Props., 154 A.D.2d 505; Mr. Natural, Inc. v. Unadulterated Food Prods., 152 A.D.2d 729). In light of the foregoing, we remit the matter to the Supreme Court, Richmond County, for a determination of the amount of the undertaking to be filed. Mangano, J.P., Brown, Kooper and Harwood, JJ., concur.