S.P.Q.R. Co., INC. v. UNITED ROCKLAND STAIRS, INC.


57 A.D.3d 642 (2008)

868 N.Y.S.2d 322

S.P.Q.R. Co., INC., et al., Respondents, v. UNITED ROCKLAND STAIRS, INC., Appellant, et al., Defendants.

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

December 9, 2008.


Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, "[w]e find no basis on this record to disturb the amount of the undertaking fixed by the Supreme Court to compensate the [plaintiffs] for damages incurred by reason of the injunction in the event of a final determination that the [defendant was] not entitled to injunctive relief. The fixing of the amount of an undertaking is a matter within the sound discretion of the Supreme Court...

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