Baruch, LLC v. 587 Fifth Avenue, LLC

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered July 18, 2006, which, in an action arising out of the issuance of a Department of Buildings (DOB) violation directing defendant building owner to immediately remedy an *340unsafe exterior building wall, denied plaintiff net lessee’s motion for a Yellowstone injunction, unanimously reversed, on the law and the facts, with costs, and the motion granted.

It appears that plaintiff, once advised of DOB’s October 2005 notices reciting the “hazardous” condition of the building’s wall and directing “immediate” performance of specified…