ORIBE CANALES, DERIVATIVELY ON BEHALF OF ORIBE HAIR CARE, LLC, ETC., plf-res, v. TEVYA FINGER def-ap

2822-2823-2824. ORIBE CANALES, DERIVATIVELY ON BEHALF OF ORIBE HAIR CARE, LLC, ETC., plf-res, v. TEVYA FINGER def-ap — Bilzin Sumberg Baena Price & Axelrod LLP, Miami, FL (Michael N. Kreitzer of the bar of the State of Florida, admitted pro hac vice, of counsel), for ap — Fish & Richardson, PC, New York (Brian J. Doyle of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered September 21, 2015,1 to the extent it set an undertaking in the amount of $250,000, unanimously affirmed, without costs, and the appeal therefrom, to the extent it granted plaintiff's motion for a temporary restraining order (TRO), unanimously dismissed, without costs, as moot; order, same court and Justice, entered June 5, 2015, which granted plaintiff's motion to act as his own surety and denied defendants' motion to increase the amount of the undertaking, unanimously modified, on the law and the facts, to alter the form of the undertaking; order, same court and Justice, entered July 14, 2015, which, upon vacating the TRO and denying plaintiff a preliminary injunction, vacated the undertaking without defendants having an opportunity to move against it, unanimously modified, on the law, the facts, and in the exercise of discretion, to set the undertaking in the amount of $250,000 in cash placed in escrow or a surety bond, pending a determination of defendants' damages, if any, as a result of the pendency of the TRO, and otherwise affirmed, without costs.

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2822-2823-2824. ORIBE CANALES, DERIVATIVELY ON BEHALF OF ORIBE HAIR CARE, LLC, ETC., plf-res, v. TEVYA FINGER def-ap — Bilzin Sumberg Baena Price & Axelrod LLP, Miami, FL (Michael N. Kreitzer of the bar of the State of Florida, admitted pro hac vice, of counsel), for ap — Fish & Richardson, PC, New York (Brian J. Doyle of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered September 21, 2015,¹ to the extent it set an undertaking in the amount of $250,000, unanimously affirmed, without costs, and the appeal therefrom, to the extent it granted plaintiff’s motion for a temporary restraining order (TRO), unanimously dismissed, without costs, as moot; order, same court and Justice, entered June 5, 2015, which granted plaintiff’s motion to act as his own surety and denied defendants’ motion to increase the amount of the undertaking, unanimously modified, on the law and the facts, to alter the form of the undertaking; order, same court and Justice, entered July 14, 2015, which, upon vacating the TRO and denying plaintiff a preliminary injunction, vacated the undertaking without defendants having an opportunity to move against it, unanimously modified, on the law, the facts, and in the exercise of discretion, to set the undertaking in the amount of $250,000 in cash placed in escrow or a surety bond, pending a determination of defendants’ damages, if any, as a result of the pendency of the TRO, and otherwise affirmed, without costs.

The IAS court did not abuse its discretion in setting an undertaking at $250,000 for the TRO. Based on the record before the court, this amount was reasonably related to defendants’ potential harm from the pendency of the TRO (see Peyton v. PWV Acquisition LLC, 101 AD3d 446, 447 [1st Dept 2012]).

ORIBE CANALES, DERIVATIVELY ON BEHALF OF ORIBE HAIR CARE, LLC, ETC., plf-res, v. TEVYA FINGER def-ap

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