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RETROPOLIS, INC. v. 14TH STREET DEVELOPMENT LLC

17 A.D.3d 209 (2005)

797 N.Y.S.2d 1

RETROPOLIS, INC., Respondent-Appellant, v. 14TH STREET DEVELOPMENT LLC et al., Appellants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 19, 2005.

Responding to the default notice received in January 2003, plaintiff established its entitlement to Yellowstone relief by timely moving for an injunction to toll the running of the applicable cure period. In support, it made the requisite showing that it was in fact a commercial tenant who had been served with a notice of default, and that it was prepared and able to cure the alleged default, should it be established, by...

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