Pig Restaurant, Inc. v. Odelia Enterprises Corp.

—Order, Supreme Court, New York County (Donald Diamond, Spec. Ref.), entered August 14, 1995, which sustained defendant’s notice to terminate plaintiff’s lease and vacated a Yellowstone injunction and order, same court (Marian Lewis, Spec. Ref.), entered April 16, 1997, which denied plaintiff’s application for a new trial, unanimously affirmed, with costs.

The Special Referee properly determined that defendant’s notice was legally effective since defendant could terminate plaintiff’s lease pursuant to article 9 (d) thereof after the demised premises were “rendered wholly unusable” as the *197result…