Opinion
April 18, 1991
Appeal from the Supreme Court, New York County (Francis N. Pecora, J.).
The IAS court did not abuse its discretion in granting the preliminary injunctive relief herein based upon the affidavits and other evidence before it. With reference to defendant's application for the posting by plaintiff of a suitable undertaking as required by CPLR 6312 (b) (see, Litwa v. Litwa, 89 A.D.2d 581; City Store Gates Mfg. v. United Steel Prods., 79 A.D.2d 671), we simply note that this issue is presently sub judice before the IAS court.
We have considered defendant's remaining argument with regard to plaintiff's entitlement to preliminary injunctive relief and find it to be without merit.
Concur — Murphy, P.J., Rosenberger, Wallach and Smith, JJ.