Legal Opinion
Boi To Go, Inc. v. Second 800 No. 2 LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 2009PublishedCited by 8 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Louis B. York, J.), entered June 4, 2008, which, insofar as appealed from, denied plaintiffs motion for a Yellowstone injunction, unanimously reversed, on the law, without costs, and the motion granted.
Plaintiff restaurant established its entitlement to a Yellowstone injunction. In addition to demonstrating that it held a commercial lease, had received a notice to cure from defendant landlord, and had requested injunctive relief prior to the expiration of the cure period, plaintiff showed that it was prepared and maintained the ability to cure the…
2Cases cited4 opinions
- Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue AssociatesNew York Court of Appeals · 1999
- Cemco Restaurants, Inc. v. Ten Park Avenue Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- TSI West 14, Inc. v. Samson Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2004
- E.C. Electronics, Inc. v. Amblunthorp Holding, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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