1523 REAL ESTATE, INC. v. EAST ATLANTIC PROPERTIES, LLC


41 A.D.3d 567 (2007)

839 N.Y.S.2d 111

1523 REAL ESTATE, INC., Appellant, v. EAST ATLANTIC PROPERTIES, LLC, et al., Respondents.

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

Decided June 12, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

The fixing of the amount of an undertaking is a matter within the sound discretion of the court, and will not be disturbed absent an improvident exercise of discretion (see Lelekakis v Kamamis, 303 A.D.2d 380 [2003]; Blueberries Gourmet v Aris Realty Corp., 255 A.D.2d 348, 350 [1998]). The amount of the undertaking...

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