Legal Opinion

Madison/Fifth Associates LLC v. 1841-1843 Ocean Parkway, LLC

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

Decided April 24, 2008PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Karen Smith, J.), entered October 31, 2007, which, inter alia, directed plaintiff to post an undertaking in the amount of $200,000, unanimously affirmed, without costs.

*534Based on the evidence presented at extensive hearings on the issue, the amount of the undertaking fixed by the court is “rationally related to defendants’ potential damages if the preliminary injunction later proves to have been unwarranted” (Kazdin v Putter, 177 AD2d 456, 457 [1991]; CPLR 6312 [b]). Concur—Tom, J.P., Mazzarelli, Williams and Sweeny, JJ.

2Cases cited1 opinion

  1. Kazdin v. PutterAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by1 opinion

  1. Ithilien Realty Corp. v. 180 Ludlow Development LLCAppellate Division of the Supreme Court of the State of New York · 2011