Franco v 172 E Holdings LLC

Franco v 172 E Holdings LLC 2013 NY Slip Op 07120 Decided on October 31, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 31, 2013
Mazzarelli, J.P., Renwick, DeGrasse, Feinman, Gische, JJ.
10922 103991/12

[*1]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.

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]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 31, 2013

CLERK