319 Smile Corp. v. Forman Fifth, LLC

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered March 8, 2006, which, upon reargument of a prior order, denied plaintiff’s motion for a stay of proceedings, a Yellowstone injunction and a temporary restraining order, and order, same court and Justice, entered August 9, 2006, which denied plaintiffs motion for reargument of the March 8 order and imposed sanctions on plaintiffs attorney, unanimously modified, on the law and the facts, to vacate the sanctions, and otherwise affirmed, without costs.

The court properly found that plaintiff did not timely seek injunctive relief,…