COSTA v. FANTASIA DISTRIB. CORP.


55 N.Y.2d 615 (1981)

Franco Costa, Appellant, v. Fantasia Distributing Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided November 17, 1981.


Attorney(s) appearing for the Case

Daniel L. Magida, Michael A. Lacher and Jill C. Lesser for appellant.

Robert W. Cinque for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the question certified answered in the affirmative.

We cannot say, as a matter of law, given the facts of this case, that it was an abuse of discretion for the courts below to require plaintiff to post a bond pursuant to CPLR 2701. Plaintiff sought under the provisions of CPLR 2701 to compel defendants to return his art works held...

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