BLUMBERG v. THOMASTON-SPRUCE CORP.


46 A.D.2d 671 (1974)

Murray Blumberg et al., Respondents, v. Thomaston-Spruce Corp., Appellant, et al., Defendant

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

October 21, 1974


Order modified by adding thereto a provision that plaintiffs shall give an undertaking, as provided in CPLR 6312 (subd. [b]), in an amount to be fixed by Special Term after a hearing held for such purpose, unless the parties stipulate to an amount therefor. As so modified, order affirmed insofar as appealed from, without costs.

The granting of a preliminary injunction without provision for a suitable undertaking was improper (CPLR 6312; Rockland County Bldrs. Assn...

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