109th & First Avenue Corp. v. 2113 First Avenue, LLC

Order, Supreme Court, New York County (Richard F. Braun, J.), entered December 4, 2007, which granted plaintiffs motion for a Yellowstone injunction, unanimously affirmed, with costs.

The affidavits of plaintiffs principal and an engineer submitted in support of the motion, together with corroborative Department of Buildings records, indicate that plaintiff has made efforts, albeit slowly over a nine-year period, to comply with its lease obligation to obtain a certificate of occupancy for the car wash improvements that defendant made to the premises years before the commencement of the subject…