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WILMOT v. DEL BELLO

69 A.D.2d 989 (1979)

James P. Wilmot, Doing Business as Fayetteville Mall, Respondent, v. Dale Del Bello et al., Appellants

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

April 6, 1979

Order unanimously affirmed, with costs.

Memorandum:

We find no basis for interfering with Special Term's exercise of discretion in granting the preliminary injunction pursuant to CPLR 6301. Although no undertaking was furnished as required by CPLR 6312, the court may permit the plaintiff to submit the undertaking nunc pro tunc (Olechna v Town of Smithtown, 51 A.D.2d 1036; McLaughlin, Supplementary Practice...

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