Opinion
Argued November 21, 2000
December 12, 2000.
In an action, inter alia, for an accounting, the defendants-counterclaim plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Scarpino, J.), entered January 4, 2000, as granted that branch of the plaintiff's motion which was to require them to post an undertaking to secure the plaintiff's interest in the defendant-counterclaim plaintiff Gogick, Seiden, Byrne O'Neill, LLP.
Russ Russ, P.C., Massapequa, N.Y. (David Bolton of counsel), for defendants-counterclaim plaintiffs-appellants.
Morrison Cohen Singer Weinstein, LLP, New York, N.Y. (Arthur J. Ciampi and Edward P. Gilbert of counsel), for plaintiff-respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the appellants' contention, the Supreme Court providently exercised its discretion in directing them to post an undertaking (see, Partnership Law § 75; Netburn v. Fischman, 81 Misc.2d 117).