Legal Opinion

T.W. Dress Corp. v. Kaufman

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

Decided October 24, 1988PublishedCited by 6 opinions

1Opinion of the Court

In an action for a judgment declaring, inter alia, that the defendants are not entitled to terminate a lease, the plaintiff appeals from an order of the Supreme Court, Nassau County (Molloy, J.), entered January 13, 1988, which denied its motion for a preliminary injunction.

Ordered that the order is affirmed, with costs.

We conclude that the plaintiff’s motion for a Yellowstone injunction (see, First Natl. Stores v Yellowstone Shopping Center, 21 NY2d 630, rearg denied 22 NY2d 827), was properly denied. In order to preserve the right to cure a default under the lease by a declaratory judgment…

2Cases cited6 opinions

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  2. Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Mann Theatres Corp. v. Mid-Island Shopping Plaza Co.New York Court of Appeals · 1984
  4. In re the Estate of KrasowskiNew York Court of Appeals · 1968
  5. Health N Sports, Inc. v. Providence Capitol Realty Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1980

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Long Island Gynecological Services v. 1103 Stewart Avenue Associates Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 1996
  2. 166 Enterprises Corp. v. I G Second Generation Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2011
  3. NL Industries, Inc. v. PaineWebber Inc.District Court, S.D. New York · 1989
  4. King Party Center of Pitkin Avenue, Inc. v. Mingo Realty, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
  5. Benenson v. SKEK AssociatesAppellate Division of the Supreme Court of the State of New York · 2002

1 more not listed; retrieve them via the Exa API.

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