Bausch & Lomb Inc. v. Hydron Pacific, Ltd.

Plaintiff procured a preliminary injunction enjoining the defendants from aiding a Japanese corporation in the production and sale of soft contact lenses in Japan. As a condition for the granting of the preliminary injunction, plaintiff posted an undertaking "that the plaintiff, if it is finally determined that he was not entitled to an injunction, will pay to the defendants all damages and costs which may be sustained by reason of the injunction” (CPLR 6312, subd [b]).1 Testimony was taken upon the application for the preliminary injunction and the defendant opposed the application. The…