Franco v. 172 E Holdings
Appellate Division of the Supreme Court of the State of New York
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
- Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
- Pouncy v. DudleyAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by1 opinion
- Soldiers', Sailors', Marines' & Airmen's Club Inc. v. Carlton Regency Corp.Appellate Division of the Supreme Court of the State of New York · 2015