VISUAL EQUITIES INC. v. SOTHEBY'S, INC

The undertaking should be reduced to reflect those damages defendant may incur if the court determines that the preliminary injunction was erroneously granted (Margolies v Encounter, Inc., 42 N.Y.2d 475; CPLR 6312 [b]). The IAS Court's consideration of Kaller's possible damages from plaintiff's refusal to sell its copy of the Declaration of Independence was speculative since no showing was made of any damages Kaller may incur. (Compare, Cross Props. v Brook Realty Co., 76 A.D.2d 445; McClosky v Long Is. Hockey Club, 18 A.D.2d 1023.)

Concur — Murphy, P.J., Rosenberger, Ross and Nardelli, JJ.