Legal Opinion
Metropolis Westchester Lanes, Inc. v. Colonial Park Homes, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 1992PublishedCited by 2 opinions
1Opinion of the Court
In an action for a judgment declaring the parties’ rights under a commercial lease, the defendant appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered October 26, 1990, which conditionally granted the plaintiffs motion for a preliminary injunction enjoining the owner from, inter alia, terminating the lease.
Ordered that the order is reversed, on the facts, with costs, and the motion is denied.
A leaseholder seeking a Yellowstone injunction (see, First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630) must *493demonstrate, inter alia, that it has the desire and…
2Cases cited5 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Cemco Restaurants, Inc. v. Ten Park Avenue Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Heavy Cream, Inc. v. KurtzAppellate Division of the Supreme Court of the State of New York · 1989
- Linmont Realty, Inc. v. Vitocarl, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Suarez v. El Daro Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by2 opinions
- ERS Enterprises, Inc. v. Empire Holdings, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Marathon Outdoor, LLC v. Patent Construction Systems Division of Harsco Corp.Appellate Division of the Supreme Court of the State of New York · 2003