ACCESS MEDICAL GROUP, P.C. v. STRAUS FAMILY CAPITAL GROUP, LLC


44 A.D.3d 975 (2007)

845 N.Y.S.2d 380

ACCESS MEDICAL GROUP, P.C., Appellant, v. STRAUS FAMILY CAPITAL GROUP, LLC, Respondent.

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

Decided October 30, 2007.


Ordered that the order is modified, on the facts and in the exercise of discretion, by reducing the amount of the undertaking from the sum of $3,000,000 to the sum of $1,500,000; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The fixing of the amount of an undertaking is a matter within the sound discretion of the Supreme Court, and will not be disturbed absent an improvident exercise of discretion (see Lelekakis...

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