THOMPSON v. TOPSOE


237 A.D.2d 113 (1997)

654 N.Y.S.2d 363

Richard M. H. Thompson et al., Respondents, v. Haldor Topsoe et al., Appellants, et al., Defendant

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

March 4, 1997


The motion was properly denied on the ground that once the temporary restraining order was vacated, the court was without authority to amend the undertaking, which named only the transfer agent as indemnitee, nunc pro tunc to interpolate a new condition, add an intended party, or otherwise vary its terms (American Exch. Natl. Bank v Goubert, 210 N.Y. 421, 426; Quandt's Wholesale Distribs. v Giardino, 89 A.D.2d 669). Absent...

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