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MALACH v. KEY INT'L MFG., INC.

157 A.D.2d 707 (1990)

Monte Malach et al., Respondents, v. Key International Manufacturing, Inc., et al., Appellants

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

January 16, 1990

Ordered that the order is reversed insofar as appealed from, with costs, and the matter is remitted to the Supreme Court, Richmond County, for a determination of the amount of the undertaking to be filed by the plaintiffs pursuant to CPLR 6312 (b).

We agree with the defendants that the Supreme Court erred by declining to require the plaintiffs to file an undertaking as mandated by CPLR 6312 (b) (see, Ziankoski...

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