National Telecommunications Ass'n, Ltd. v. National Communications Ass'n, Inc.

• Decision Date: 07 January 1993
• Citation: National Telecommunications Ass'n, Ltd. v. National Communications Ass'n, Inc., 592 N.Y.S.2d 591, 189 A.D.2d 573 (N.Y. App. Div. 1993)
• Parties: NATIONAL TELECOMMUNICATIONS ASSOCIATION, LTD., Petitioner-Respondent, v. NATIONAL COMMUNICATIONS ASSOCIATION, INC., Respondent-Appellant.
• Court: New York Supreme Court — Appellate Division

Page 591

592 N.Y.S.2d 591

189 A.D.2d 573

NATIONAL TELECOMMUNICATIONS ASSOCIATION, LTD., Petitioner-Respondent, v. NATIONAL COMMUNICATIONS ASSOCIATION, INC., Respondent-Appellant.

Supreme Court of New York, Appellate Division First Department.

January 7, 1993

Order, Supreme Court, New York County (Martin Stecher, J.), entered July 22, 1992, which granted petitioner's application for a preliminary injunction, in aid of arbitration pursuant to CPLR 7502(c), unanimously modified, on the law, to the extent of remanding the matter to the IAS court for the fixing of the undertaking to be paid by petitioner pursuant to CPLR 6312(b), and otherwise affirmed, without costs. In arguing that petitioner has failed to demonstrate irreparable harm and a probability of success on the merits, respondent would have this court adopt an inappropriate standard for deciding whether relief should be granted under CPLR 7502(c), under which the ground for entertaining an application for a provisional remedy in aid of arbitration is whether the award "may be rendered ineffectual" without it (see, Habitations Ltd. v. BKL Realty Sales Corp., 160 A.D.2d 423, 424, 554 N.Y.S.2d 117). We agree with the IAS court that petitioner's papers sufficed to make such a showing. We remand because the court did not set the amount of an undertaking pursuant to CPLR 6312(b...