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Franco v. 172 E Holdings, LLC

Supreme Court of New York, First Department

October 31, 2013

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.

Mazzarelli, J.P., Renwick, DeGrasse, Feinman, Gische, JJ.

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 [2005]). The amount of the required undertaking is appropriate (see Pouncy v Dudley, 27 A.D.3d 633, 635 [2d Dept 2006]).


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