Legal Opinion

Hollymount Corp. v. Modern Business Associates, Inc.

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

Decided May 9, 1988PublishedCited by 3 opinions

1Opinion of the Court

*411The plaintiff is a commercial tenant in premises owned by the defendant landlord. The defendant served upon the plaintiff a purported notice to cure certain conditions which were allegedly violations of the lease. Prior to the end of the cure period, the plaintiff tenant commenced the instant action and obtained a temporary restraining order, enjoining the defendant from terminating the lease. After argument, however, the court vacated the temporary restraining order, and denied stated portions of the plaintiffs motion for a preliminary injunction. This determination was in error.

The majority…

2Cases cited2 opinions

  1. Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
  2. 950 Third Ave Co. v. Eastland Industries, Inc.Civil Court of the City of New York · 1983

3Cited by3 opinions

  1. French Bourekas Inc. v. TurnerDistrict Court, E.D. New York · 1996
  2. NL Industries, Inc. v. PaineWebber Inc.District Court, S.D. New York · 1989
  3. Top-All Varieties, Inc. v. Raj Development Co.Appellate Division of the Supreme Court of the State of New York · 1989

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