150 East 57th St. Associates v. Fletcher

In this action for declaratory judgment by plaintiff-appellant ground-lessee against its lessor, defendant-respondent Fletcher, plaintiff appeals from Special Term’s denial of its application for a temporary injunction against the running of a period, afforded by the lease, within which claimed defaults by the lessee thereunder might be cured before ouster of the lessee. Special *948Term denied the application, relegating plaintiff to interposition in the summary proceeding expected to follow the running of the period without cure, of defenses based upon the claimed invalidity of the notice of…