Legal Opinion

RD Branch Associates, L.P. v. Hook-Superx, Inc.

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

Decided February 5, 2001Published

1Opinion of the Court

—In an action, inter alia, for a judgment declaring that the defendant is prohibited from using its leased premises to operate a one-hour photo laboratory, the defendant appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated February 23, 2000, which granted the plaintiff’s motion for a preliminary injunction and denied its cross motion for a Yellowstone injunction.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the defendant’s cross motion for a Yellowstone injunction and substituting therefor a provision granting the cross…

2Cases cited9 opinions

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  2. Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue AssociatesNew York Court of Appeals · 1999
  3. Waldbaum, Inc. v. Fifth Avenue of Long Island Realty AssociatesNew York Court of Appeals · 1995
  4. Dennis & Jimmy's Food Corp. v. Milton Co.Appellate Division of the Supreme Court of the State of New York · 1984
  5. Dennis & Jimmy's Food Corp. v. Milton Co.New York Court of Appeals · 1984

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