Appellate Division of the Supreme Court of New York, 2008

S.P.Q.R. Co. v. United Rockland Stairs, Inc.

S.P.Q.R. Co. v. United Rockland Stairs, Inc.
Appellate Division of the Supreme Court of New York · Decided December 9, 2008
57 A.D.3d 642; 868 N.Y.2d 322
S.P.Q.R. Co. v. United Rockland Stairs, Inc.

Opinion of the Court

*643Contrary 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, and its determination will not be disturbed absent an improvident exercise of that discretion” (Ujueta v Euro-Quest Corp., 29 AD3d 895, 896 [2006] [citations and internal quotation marks omitted]). Here, at the time the amount of the undertaking was fixed, it was rationally related to the amount of potential damages that the plaintiffs established they might sustain (see CPLR 6312 [b]; Ujueta v Euro-Quest Corp., 29 AD3d at 896; Blueberries Gourmet v Aris Realty Corp., 255 AD2d 348, 350 [1998]; cf. Access Med. Group, P.C. v Straus Family Capital Group, LLC, 44 AD3d 975 [2007]). Ritter, J.P., Florio, Miller and Dillon, JJ., concur.

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