East Best Food Corp. v. Ny 46th

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered February 5, 2008, which denied defendant’s motion for partial summary judgment dismissing so much of the complaint as sought a stay and tolling of the expiration of the “cure period” and injunctive relief against termination of the lease and commencement of summary proceedings to evict pursuant to the first notice of default, unanimously modified, on the law, and upon a search of the record, plaintiff granted summary judgment permanently enjoining defendant from seeking to terminate the lease for alleged default under…