Medical Buildings Associates, Inc. v. Abner Properties Co.

Order, Supreme Court, New York County (Paul Wooten, J.), entered August 3, 2012, which, to the extent appealed from as limited by the briefs, directed plaintiff-tenant to file an undertaking equal to three months rent as a condition to granting the tenant’s order to show cause for a Yellowstone injunction, unanimously modified, on the law, the facts and in the exercise of discretion, to reduce the undertaking to one month’s rent, and otherwise affirmed, without costs.

The undertaking in the amount of three months rent was “excessive” given the inadequate proof and otherwise speculative…