JH Parking Corp. v. East 112th Realty Corp.

Order, Supreme Court, New York County (Jane Solomon, J.), entered August 20, 2001, which denied plaintiff’s motion for a Yellowstone injunction and dismissed the complaint, unanimously affirmed, with costs.

The record discloses that plaintiff did not timely seek injunctive relief since the order to show cause that effected a temporary restraining order and tolled the cure period, pending the hearing on the Yellowstone application, was signed by the motion court after the cure period had ended and after service of the notice of termination (see Daashur Assoc. v December Artists Apt. Corp., 226…