MADISON/FIFTH ASSOCIATES LLC v. 1841-1843 OCEAN PARKWAY, LLC


50 A.D.3d 533 (2008)

854 N.Y.S.2d 895

MADISON/FIFTH ASSOCIATES LLC, Respondent-Appellant, v. 1841-1843 OCEAN PARKWAY, LLC, et al., Appellants-Respondents.

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

Decided April 24, 2008.


Based on the evidence presented at extensive hearings on the issue, the amount of the undertaking fixed by the court is "rationally related to defendants' potential damages if the preliminary injunction later proves to have been unwarranted" (Kazdin v Putter, 177 A.D.2d 456, 457 [1991]; CPLR...

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