Legal Opinion

Franco v. 172 E Holdings

Appellate Division of the Supreme Court of the State of New York

Decided October 31, 2013PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Donna M. Mills, J.), entered February 1, 2013, which granted plaintiffs motion for a preliminary injunction, and set an undertaking in the nominal amount of $100, unanimously affirmed, without costs.

Plaintiff demonstrated a likelihood of success on the merits, irreparable harm if the relief were not granted, and that the equities weigh in his favor (see Nobu Next Door, LLC v Fine Arts Hous., Inc., 4 NY3d 839 [2005]). The amount of the required undertaking is appropriate (see Pouncy v Dudley, 27 AD3d 633, 635 [2d Dept 2006]). Concur — Mazzarelli, J.P.,…

2Cases cited2 opinions

  1. Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
  2. Pouncy v. DudleyAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by1 opinion

  1. Soldiers', Sailors', Marines' & Airmen's Club Inc. v. Carlton Regency Corp.Appellate Division of the Supreme Court of the State of New York · 2015

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