Hospitality Law

CPLR 6312(b)'s Bond Requirement: A Shield for Hotel Owners?

, New York Law Journal

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In their Hospitality Law column, Todd Soloway and Bryan Mohler write: Aside from questions regarding the enforceability of such an injunction provision, an independent issue arises concerning the appropriate quantum of injunction bond that, pursuant to CPLR 6312(b), a hotel operator should be directed to post in order to secure an injunction depriving a hotel owner of its power to terminate an HMA. This article explores this issue, including whether the undertaking requirement is a potential additional barrier to hotel operators effectively enforcing "contractual injunction" provisions in HMAs.

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