| Matter of Advanced Digital Security Solutions, Inc. v Samsun |
| Motion No: 2008-01551 |
| Slip Opinion No: 2008 NYSlipOp 64856(U) |
| Decided on February 27, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M66904
E/sl
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2008-01551 In the Matter of Advanced Digital Security Solutions, Inc., etc., appellant, v Samsung Techwin Co., Ltd., respondent. (Index No. 3851-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Suffolk County, dated February 14, 2008, to enjoin the respondent from terminating the parties' exclusive distributorship agreement dated November 16, 2005, and from communicating with third parties that the exclusive distributorship agreement has been or will be terminated, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the respondent is enjoined from terminating the parties' exclusive distributorship agreement dated November 16, 2005, and from communicating with third parties that the exclusive distributorship agreement has been or will be terminated, pending hearing and determination of the appeal, on condition that (1) on or before March 12, 2008, the appellant post an undertaking with corporate surety in the sum of $5 million in the office of the Clerk of the Supreme Court, Suffolk County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the conduct of the appellant during the period that the stay was in effect, and (2) the appeal is perfected on or before March 28, 2008, (3) the appellant makes immediate cash payments for any products received from the respondent; and it is further,
ORDERED that in the event the appellant does not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FISHER, J.P., CARNI, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court