Stuart v. D & D Associates

— Order, Supreme Court, New York County (Harold Tompkins, J.), entered May 3, 1989, which granted respondent’s motion for a Yellowstone injunction, unanimously affirmed, with costs.

The lease between the tenant and defendant landlord permitted an assignment in the event of a sale of all the assets of the tenant’s business, provided the business continued as a going concern conducting substantially the same operation. The tenant sold its assets to plaintiff, but defendant, contending that the tenant had assigned less than all of its assets and that the business was not being conducted in…