Ordered that the order is reversed insofar as appealed from, on the law, the motion of the plaintiff James Parolisi for a preliminary injunction is denied, and the determination in the order fixing an undertaking in the sum of $750,000 is vacated; and it is further,
Ordered that the cross appeal is dismissed as academic, in light of our determination on the appeal; and it is further,
Ordered that one bill of costs is awarded to the defendant.
In 2009...
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