Opinion
January 7, 1993
Appeal from the Supreme Court, New York County (Martin Stecher, J.).
In arguing that petitioner has failed to demonstrate irreparable harm and a probability of success on the merits, respondent would have this Court adopt an inappropriate standard for deciding whether relief should be granted under CPLR 7502 (c), under which the ground for entertaining an application for a provisional remedy in aid of arbitration is whether the award "may be rendered ineffectual" without it (see, Habitations Ltd. v. BKL Realty Sales Corp., 160 A.D.2d 423, 424). We agree with the IAS Court that petitioner's papers sufficed to make such a showing. We remand because the court did not set the amount of an undertaking pursuant to CPLR 6312 (b), a requirement that is specifically incorporated into the provisions of CPLR 7502 (c) (see, Drexel Burnham Lambert v. Ruebsamen, 139 A.D.2d 323, 327-328, lv denied 73 N.Y.2d 703).
Concur — Murphy, P.J., Carro, Rosenberger, Ross and Asch, JJ.