Legal Opinion

Consolidated Payroll Services, Inc. v. Berk

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 2005PublishedCited by 9 opinions

1Opinion of the Court

— In an action for a judgment declaring the parties’ rights and obligations under a commercial lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated August 25, 2003, as denied its motion for a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630 [1968]), extending its time to cure an alleged defect and for leave to serve an amended complaint. Justice Lifson has been substituted for the late Justice Altman (see 22 NYCRR 670.1 [c]).

Ordered that the appeal from so much of the…

2Cases cited5 opinions

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  2. Bart v. MillerAppellate Division of the Supreme Court of the State of New York · 2003
  3. Liberty Mutual Insurance v. MancusoAppellate Division of the Supreme Court of the State of New York · 1994
  4. McDermott v. Presbyterian CongregationAppellate Division of the Supreme Court of the State of New York · 2000
  5. Zitomer Pharmacy, Inc. v. MacFarlane 64th Street Development Corp.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by9 opinions

  1. HSBC Bank v. PicarelliAppellate Division of the Supreme Court of the State of New York · 2013
  2. Farber v. BreslinAppellate Division of the Supreme Court of the State of New York · 2008
  3. Bolanowski v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2005
  4. Gjokaj v. FoxAppellate Division of the Supreme Court of the State of New York · 2006
  5. In re the Estate of RousonAppellate Division of the Supreme Court of the State of New York · 2006

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