Opinion
2013-10-31
Sergio FRANCO, Plaintiff–Respondent, v. 172 E HOLDINGS LLC, et al., Defendants–Appellants.
Law Offices of Allison M. Furman, P.C., New York (Allison M. Furman of counsel), for appellants. Pedowitz & Meister, LLP, New York (Marisa Warren of counsel), for respondent.
Law Offices of Allison M. Furman, P.C., New York (Allison M. Furman of counsel), for appellants. Pedowitz & Meister, LLP, New York (Marisa Warren of counsel), for respondent.
Order, Supreme Court, New York County (Donna M. Mills, J.), entered February 1, 2013, which granted plaintiff's motion for a preliminary injunction, and set an undertaking in the nominal amount of $100, unanimously affirmed, without costs.
Plaintiff demonstrated a likelihood of success on the merits, irreparable harm if the relief were not granted, and that the equities weigh in his favor ( see Nobu Next Door, LLC v. Fine Arts Hous., Inc., 4 N.Y.3d 839, 800 N.Y.S.2d 48, 833 N.E.2d 191 [2005] ). The amount of the required undertaking is appropriate ( see Pouncy v. Dudley, 27 A.D.3d 633, 635, 814 N.Y.S.2d 641 [2d Dept.2006] ).