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CONFIDENCE BEAUTY SALON CORP. v. 299 THIRD SA, LLC

3328, 157777/15.

148 A.D.3d 439 (2017)

2017 NY Slip Op 01652

47 N.Y.S.3d 905

CONFIDENCE BEAUTY SALON CORP., Appellant, v. 299 THIRD SA, LLC, et al., Respondents.

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

Decided March 7, 2017.

The denial of Yellowstone relief was a provident exercise of discretion because plaintiff failed to aver, let alone demonstrate, that it had the ability to cure its alleged defaults (see Artcorp Inc. v Citirich Realty Corp., 124 A.D.3d 545 [1st...

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