Peyton v PWV Acquisition LLC

Peyton v PWV Acquisition LLC 2012 NY Slip Op 08424 Decided on December 6, 2012 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 December 6, 2012
Tom, J.P., Mazzarelli, Moskowitz, Abdus-Salaam, Feinman, JJ.
8740 111379/11

[*1]Maggi Peyton, etc., et al., Plaintiffs-Respondents,

v

PWV Acquisition LLC, et al., Defendants-Appellants.




Meister Seelig & Fein LLP, New York (Stephen B. Meister of
counsel), for appellants.
Grad & Weinraub LLP, New York (Catharine A. Grad of
counsel), for respondents.

Order, Supreme Court, New York County (Anil C. Singh, J.), entered April 9, 2012, which, to the extent appealed from as limited by the briefs, directed plaintiffs-tenants to post a bond in the amount of $75,000 as an undertaking for preliminary injunctive relief, unanimously affirmed, with costs.

The evidence demonstrated that defendants attempted to modify or substitute an ancillary parking service to which the plaintiffs were entitled, without requisite approval from the Division of Housing and Community Renewal (DHCR). The landlord defendants (PWV defendants) nonetheless entered into a contract to sell the subject open-air parking lot for development purposes to defendant Jewish Home Lifecare, Manhattan, prior to obtaining the requisite approval from the DHCR. In light of the foregoing, and the standard delays that were shown to be attendant to applications by defendants for regulatory approval of proposed building construction, the $75,000 undertaking required by the court, pending final resolution of plaintiffs' action for declaratory and injunctive relief, was rationally related to defendants' potential damages should the preliminary injunction later prove to have been unwarranted (see generally 3636 Greystone Owners v Greystone Bldg., 4 AD3d 122, 123 [1st Dept 2004]).

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

ENTERED: DECEMBER 6, 2012

CLERK