6911 ENTERS., INC. v. DIDIM REST., INC.


36 A.D.2d 923 (1971)

6911 Enterprises, Inc., Respondent, v. Didim Restaurant, Inc., et al., Appellants, et al., Defendants. Didim Restaurant, Inc., et al., Third-Party Plaintiffs, v. Herbert Levine et al., Third-Party Defendants

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

May 11, 1971


Under all the circumstances, we conclude that an undertaking of $5,000, as provided for, is inadequate for the protection of the defendants and that a proper exercise of discretion requires security for a total of $15,000 in addition to the escrow deposit. Furthermore, inasmuch as this action involves a commercial and nonjury cause, we call attention to the fact that the parties may secure an...

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