On July 28, 2023, the Fourth Department issued a decision in Dan’s Hauling & Demo, Inc. v. GMMM Hickling, LLC, 2023 NY Slip Op. 04026, holding that the failure to post an undertaking justified vacating an injunction, explaining:
Contrary to plaintiff’s contention in appeal No. 1, the court properly granted defendants’ September 2021 motion with respect to their request to vacate the preliminary injunction inasmuch as plaintiff failed to post the required undertaking. We reject plaintiff’s contention that defendants waived their right to challenge plaintiff’s failure to post the undertaking by failing to appeal the 2018 order. Defendants are not challenging the propriety of the 2018 order granting the preliminary injunction; instead, they contend, correctly, that changed circumstances warrant vacatur of the preliminary injunction. The 2018 order required the undertaking, and plaintiff never paid that undertaking.
(Internal citations omitted).