On February 23, 2017, the First Department issued a decision in Spivak v. Bertrand, 2017 NY Slip Op. 01460, reversing a trial court’s determination of the undertaking to be posted in conjunction with an injunction, explaining:
We find that the amount of the undertaking fixed by the motion court is not rationally related to the damages that defendants-appellants may sustain by reason of an injunction finally determined to have been unwarranted. Accordingly, we remand the matter to Supreme Court to set the amount of the undertaking upon the receipt of competent evidence of the potential losses by the company and the value of the company’s hard assets
(Internal quotations and citations omitted).