Legal Opinion
Fay's Inc. v. Park Centre Development, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 19, 1996PublishedCited by 3 opinions
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court did not err in granting plaintiff a Yellowstone injunction (see, First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630, rearg denied 22 NY2d 827; see also, Waldbaum, Inc. v Fifth Ave. of *1068Long Is. Realty Assocs., 85 NY2d 600; 225 E. 36th St. Garage Corp. v 221 E. 36th Owners Corp., 211 AD2d 420, 421; Matter of Langfur, 198 AD2d 355, 356).
The court erred, however, in failing to grant defendant’s cross motion for a change of venue. In addition to seeking a…
2Cases cited7 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- 225 East 36th Street Garage Corp. v. 221 East 36th Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- In re the Estate of KrasowskiNew York Court of Appeals · 1968
- Waldbaum, Inc. v. Fifth Avenue of Long Island Realty AssociatesNew York Court of Appeals · 1995
- Spellman Food Services, Inc. v. PartrickAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by3 opinions
- Helmand v. WebbAppellate Division of the Supreme Court of the State of New York · 2003
- 159 MP Corp v. Redbridge BedfordNew York Court of Appeals · 2019
- Regal Boy Enterprises International VII, Inc. v. MLQ Realty Management, LLCAppellate Division of the Supreme Court of the State of New York · 2005