Burger King Corp. v. 111 Cedar Street Co.

Order, Supreme Court, New York County (Harold Tompkins, J.), entered December 10, *4001991, which granted plaintiffs motion for a preliminary injunction enjoining defendant from taking any further steps to terminate the tenancy of plaintiff as lessee and which denied defendant’s cross-motion to dismiss the complaint seeking declaratory judgment, unanimously modified, on the law, to the extent of vacating the provision extending the plaintiffs time to cure to 20 days after the entry of a final judgment and, except as thus modified, affirmed, without costs.

We are in agreement with the IAS court…