Opinion
2012-12-6
Maggi PEYTON, etc., et al., Plaintiffs–Respondents, v. PWV ACQUISITION LLC, et al., Defendants–Appellants.
Meister Seelig & Fein LLP, New York (Stephen B. Meister of counsel), for appellants. Grad & Weinraub LLP, New York (Catharine A. Grad of counsel), for respondents.
Meister Seelig & Fein LLP, New York (Stephen B. Meister of counsel), for appellants.Grad & Weinraub LLP, New York (Catharine A. Grad of counsel), for respondents.
, J.P., MAZZARELLI, MOSKOWITZ, ABDUS–SALAAM, FEINMAN, JJ.
Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 9, 2012, which, to the extent appealed from as limited by the briefs, directed plaintiffs-tenants to post a bond in the amount of $75,000 as an undertaking for preliminary injunctive relief, unanimously affirmed, with costs.
The evidence demonstrated that defendants attempted to modify or substitute an ancillary parking service to which the plaintiffs were entitled, without requisite approval from the Division of Housing and Community Renewal (DHCR). The landlord defendants (PWV defendants) nonetheless entered into a contract to sell the subject open-air parking lot for development purposes to defendant Jewish Home Lifecare, Manhattan, prior to obtaining the requisite approval from the DHCR. In light of the foregoing, and the standard delays that were shown to be attendant to applications by defendants for regulatory approval of proposed building construction, the $75,000 undertaking required by the court, pending final resolution of plaintiffs' action for declaratory and injunctive relief, was rationally related to defendants' potential damages should the preliminary injunction later prove to have been unwarranted ( see generally 3636 Greystone Owners v. Greystone Bldg., 4 A.D.3d 122, 123, 771 N.Y.S.2d 341 [1st Dept.2004] ).