BOND REQUIRED FOR PRELIMINARY INJUNCTIONS

Chao-Yu C. Huang v Shih, 2018 NY Slip Op 06075, Decided on September 19, 2018, Appellate Division, Second Department:

"The plaintiff commenced this action for specific performance of a contract for the sale of certain real property in Queens. The plaintiff moved for a preliminary injunction, inter alia, restraining the defendants from selling, transferring, or encumbering the subject property. In an order entered March 17, 2015, the Supreme Court granted the plaintiff's motion for a preliminary injunction. In the order appealed from, the court determined that an undertaking was not required. The defendants appeal.

"[U]pon the granting of a preliminary injunction, a plaintiff shall give an undertaking in an amount to be fixed by the court'" (Mobstub, Inc. v www.staytrendy.com, 153 AD3d 809, 810, quoting CPLR 6312[b]). Thus, "[w]hile fixing the amount of an undertaking when granting a motion for a preliminary injunction is a matter within the sound discretion of the court, CPLR 6312(b) clearly and unequivocally requires the party seeking an injunction to give an undertaking" (Griffin v 70 Portman Rd. Realty, Inc., 47 AD3d 883, 884; see Putter v Singer, 73 AD3d 1147, 1149; Livas v Mitzner, 303 AD2d 381, 383)."