PRINCE FASHIONS, INC. v. 60G 542 BROADWAY OWNER, LLC

3298N, 651255/16.

149 A.D.3d 529 (2017)

2017 NY Slip Op 02918

53 N.Y.S.3d 24

PRINCE FASHIONS, INC., Appellant, v. 60G 542 BROADWAY OWNER, LLC, Respondent.

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

Decided April 18, 2017.


Defendant's representations to this Court, uncontroverted by plaintiff, are that immediately following Supreme Court's denial of plaintiff's Yellowstone motion, on July 1, 2016, defendant served a notice of lease cancellation on plaintiff terminating the lease effective July 5, 2016 and commenced a holdover proceeding against plaintiff. Although plaintiff had the opportunity to seek injunctive relief from either Supreme Court or from this Court pursuant to CPLR 5519...

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