SPIVAK v. BERTRAND

NO. 3195N, 653712/15

147 A.D.3d 650 (2017)

48 N.Y.S.3d 348

2017 NY Slip Op 01460

BENJAMIN SPIVAK, Individually and Derivatively on Behalf of EYEBALL ON THE FLOOR, INC. and Another, Respondent, v. ERIC BERTRAND et al., Appellants, et al., Defendants, et al., Nominal Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 23, 2017.


Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about February 8, 2016, which granted plaintiff's motion for a preliminary injunction, set an undertaking of $30,000, and enjoined defendants-appellants from cancelling plaintiff's shares in Eyeball on the Floor, Inc. and/or Eyeball Digital, Inc., or forcing him to involuntarily transfer such shares, unanimously modified, on the law, to remand for the fixing of an appropriate undertaking in accordance...

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