Legal Opinion
Margolies v. Encounter, Inc.
New York Court of Appeals
Decided October 11, 1977PublishedCited by 42 opinions
1Opinion of the CourtJones, J.
We hold that the purpose and function of an undertaking given by a plaintiff pursuant to the provisions of CPLR 6312 (subd [b]), prior to the granting of a preliminary injunction, is to reimburse the defendant for damages sustained if it is later finally determined that the preliminary injunction was erroneously granted.
Encounter, Inc., defendant-appellant, is an organization chartered by the New York State Drug Abuse Control Commission to provide residential and ambulatory services for drug dependent persons. On March 1, 1974, in accordance with commission approval, Encounter moved its…
2Cases cited4 opinions
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Apollinaris Co. v. VenableNew York Court of Appeals · 1892
- Freifeld v. SireAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by42 opinions
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Destiny USA Holdings, LLC v. Citigroup Global Markets Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Honeywell, Inc. v. Technical Building Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Cross Properties, Inc. v. Brook Realty Co.Appellate Division of the Supreme Court of the State of New York · 1980
- 1234 Broadway LLC v. West Side SRO Law ProjectAppellate Division of the Supreme Court of the State of New York · 2011
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