Franco v 172 E Holdings LLC
2013 NY Slip Op 07120 [110 AD3d 636]
October 31, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


Sergio Franco, Respondent,
v
172 E Holdings LLC et al., Appellants.

—[*1] 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 NY3d 839 [2005]). The amount of the required undertaking is appropriate (see Pouncy v Dudley, 27 AD3d 633, 635 [2d Dept 2006]). Concur—Mazzarelli, J.P., Renwick, DeGrasse, Feinman and Gische, JJ. [Prior Case History: 2013 NY Slip Op 30214(U).]