AEGIS HOLDING LIPSTICK LLC v. METROPOLITAN 885 THIRD AVE. LEASEHOLD LLC

Nos. 7766N, 7767N, 651054/11.

95 A.D.3d 708 (2012)

945 N.Y.S.2d 71

2012 NY Slip Op 4081

AEGIS HOLDING LIPSTICK LLC, Appellant, v. METROPOLITAN 885 THIRD AVENUE LEASEHOLD LLC, Respondent, et al., Defendants.

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

Decided May 24, 2012.


Plaintiff established its entitlement to a Yellowstone injunction. Plaintiff demonstrated that it held a commercial lease, had received a notice to cure from defendant landlord, and had requested injunctive relief prior to the expiration of the cure period. Plaintiff also showed that it was prepared and maintained the ability to cure the alleged defaults (see Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc., 93 N.Y.2d...

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