Opinion
May 14, 1992
Appeal from the Supreme Court, New York County (Diane A. Lebedeff, J.).
In this action for specific performance, the court granted plaintiff summary judgment acknowledging plaintiff's rights in certain shares of stock and a proprietary lease but required that said shares and lease be held in escrow by plaintiff's attorney pending resolution of defendant's counterclaim. However, defendant did not request or demonstrate the requirements necessary for prejudgment attachment (CPLR 6201; see, Werner v Werner, 101 Misc.2d 414, 419-420). Nor did defendant request or show entitlement to a preliminary injunction (CPLR 6301), especially where, as here, defendant "can obtain adequate compensation by invoking the legal damage remedy" (Poling Transp. Corp. v. A P Tanker Corp., 84 A.D.2d 796, 797).
Concur — Ellerin, J.P., Kupferman, Asch and Kassal, JJ.