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SCHULLER v. D'ANGELO

117 Misc.2d 528 (1983)

Dorothy Schuller, Plaintiff, v. Joseph D'Angelo, Defendant.

Supreme Court, Special Term, New York County.

January 18, 1983

Attorney(s) appearing for the Case

Goldberg & Birnbaum (Jay Arthur Goldberg of counsel), for plaintiff. Robert V. Ferrari for defendant.

MARTIN EVANS, J.

This plaintiff tenant's motion seeks, inter alia, an injunction tolling the period in which she can cure an alleged default, and restraining defendant landlord from serving a notice of termination. It requires the court to re-examine the Yellowstone doctrine in light of the new amendment to the RPAPL. (See First Nat. Stores v Yellowstone Shopping Center, 21 N.Y.2d 630; RPAPL 753...

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