Madison/Fifth Assoc. LLC v 1841-1843 Ocean Parkway, LLC
2008 NY Slip Op 03720 [50 AD3d 533]
April 24, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Madison/Fifth Associates LLC, Respondent-Appellant,
v
1841-1843 Ocean Parkway, LLC, et al., Appellants-Respondents.

—[*1] Morrison Cohen LLP, New York (Ethan R. Holtz of counsel), for appellants-respondents.

Stern Tannenbaum & Bell LLP, New York (David S. Tannenbaum of counsel), for respondent-appellant.

Order, Supreme Court, New York County (Karen Smith, J.), entered October 31, 2007, which, inter alia, directed plaintiff to post an undertaking in the amount of $200,000, unanimously affirmed, without costs.

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 AD2d 456, 457 [1991]; CPLR 6312 [b]). Concur—Tom, J.P., Mazzarelli, Williams and Sweeny, JJ.