| 360 W. 11th LLC v ACG Credit Co. II, LLC |
| 2007 NY Slip Op 09939 [46 AD3d 367] |
| December 18, 2007 |
| Appellate Division, First Department |
| 360 West 11th LLC et al., Appellants-Respondents, v ACGCredit Company II, LLC, Respondent-Appellant. |
—[*1] Hahn & Hessen LLP, New York City (Zachary G. Newman of counsel), forrespondent-appellant.
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered January 29, 2007,which granted plaintiffs' motion for preliminary injunctive relief to the extent of directingdefendant to hold $200,000 in escrow, unanimously modified, on the law and the facts, theescrow amount increased to $572,000 on condition that plaintiffs post a $100,000 undertakingtherefor, and otherwise affirmed, without costs.
Since the purpose of a preliminary injunction is to maintain the status quo pending a hearingon the merits, rather than to determine the parties' ultimate rights (see Matter of 35 N.Y. City Police Officersv City of New York, 34 AD3d 392, 393-394 [2006]), the motion court exercised itsdiscretion appropriately in granting plaintiffs' motion to the extent of directing defendant to placeinto escrow a certain sum of money. However, inasmuch as the denial of injunctive relief as tothe entirety of the sum disputed by the parties would disturb the status quo, we modify to theextent indicated.
We have considered the arguments raised by defendant on the cross appeal and find themunavailing. Concur—Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.