• 9126
  • Jan 31 2013 (Date Decided)
  • Gonzalez, P.J., Friedman, Moskowitz, DeGrasse, Freedman, JJ.
9126. JANAK DATWANI, Plaintiff-Appellant-res, v. KISHIN DATWANI, Defendant-res-res — Riker Danzig Scherer Hyland & Perretti LLP, New York (Thomas M. Kenny of counsel), for appellant-res — Boundas Skarzynski Walsh & Black LLC, New York (James R. Steel of counsel), for res-res — Order, Supreme Court, New York County (Louis B. York, J.), entered February 7, 2012, which imposed a sua sponte stay of this action pending a decision on the ownership of the stock shares in question by the High Court of India, and granted plaintiff's motion for a preliminary injunction enjoining defendant from transferring the shares pending the outcome of this action, unanimously modified, on the law, to vacate the stay of this action and remand to the IAS court to determine an appropriate undertaking for the injunction, and otherwise affirmed, without costs.

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