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HEALTH N SPORTS, INC. v. PROVIDENCE CAPITOL REALTY GROUP, INC.

75 A.D.2d 884 (1980)

Health N Sports, Inc., et al., Appellants, v. Providence Capitol Realty Group, Inc. (a Gulf & Western Company), Respondent

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

May 27, 1980

Order affirmed insofar as appealed from, without costs or disbursements.

Plaintiffs, tenants under a long-term commercial lease, seek a preliminary injunction tolling a 10-day termination notice served upon them by their landlord, which notice alleged a number of defaults under the lease (cf. First Nat. Stores v Yellowstone Shopping Center, 21 N.Y.2d 630). In order to preserve the right to cure a default under the lease by...

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