Quandt's Wholesale Distributors, Inc. v. Giardino

• Decision Date: 12 July 1982
• Citation: Quandt's Wholesale Distributors, Inc. v. Giardino, 452 N.Y.S.2d 329, 89 A.D.2d 669 (N.Y. App. Div. 1982)
• Parties: QUANDT'S WHOLESALE DISTRIBUTORS, INC., Respondent, v. Joseph GIARDINO et al., Appellants.
• Court: New York Supreme Court — Appellate Division

Page 329

452 N.Y.S.2d 329

89 A.D.2d 669

QUANDT'S WHOLESALE DISTRIBUTORS, INC., Respondent, v.Joseph GIARDINO et al., Appellants.

Supreme Court of New York, Appellate Division Third Department.

July 12, 1982

Motion to modify order entered March 10, 1982.Special Term granted plaintiff's motion for a preliminary injunction and expressly dispensed with the requirement of an undertaking.By decision dated March 4, 1982, this Court reversed, and vacated the preliminary injunction.Contending that they were damaged by the preliminary injunction and that their sole relief is to proceed on an undertaking, defendants now move to modify this Court's order to direct plaintiff to post an undertaking nunc pro tunc in an amount fixed by this Court or, upon remand, by Special Term.Since the posting of an undertaking is a condition for the granting of a preliminary injunction (CPLR 6312, subd. ), it would be inconsisdent to ...