Legal Opinion
KB Gallery, LLC v. 875 W. 181 Owners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 2010Published
1Opinion of the Court
Order, Supreme Court, New York County (Bernard J. Fried, J.), entered June 10, 2010, which denied plaintiffs application for Yellowstone relief, and vacated an order temporarily restraining defendant from terminating plaintiffs commercial lease, unanimously affirmed, with costs.
The motion court properly found that plaintiff did not timely seek Yellowstone relief (see First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630 [1968]), since plaintiff did not make its application until after the applicable cure period had expired and the notice of termination had been served (see 319 Smile…
2Cases cited4 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Korova Milk Bar of White Plains, Inc. v. PRE Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- 319 Smile Corp. v. Forman Fifth, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- JH Parking Corp. v. East 112th Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002