Parlato v Incredible Invs. Ltd.

Parlato v Incredible Invs. Ltd. 2009 NY Slip Op 08310 [67 AD3d 1378] November 13, 2009 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

Frank Parlato, Jr., Individually and as Manager of One Niagara, LLC and as President of Whitestar Development Corp., et al., Respondents, v Incredible Investments Limited et al., Appellants, et al., Defendant. (Appeal No. 3.)

—[*1] Zdarsky Sawicki & Agostinelli LLP, Buffalo (Joseph E. Zdarsky of counsel) and Lorenzo & Cohen, for defendants-appellants.

Roscetti & DeCastro, P.C., Niagara Falls (Paul A. Grenga of counsel), for plaintiffs-respondents.

Appeals from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered August 7, 2008. The order granted the motions of defendants-appellants to vacate a preliminary injunction unless plaintiffs posted an undertaking on or before a certain date.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Fahey, Peradotto, Carni and Gorski, JJ.