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T.W. DRESS CORP. v. KAUFMAN

143 A.D.2d 900 (1988)

T.W. Dress Corp., Appellant, v. Myron L. Kaufman et al., Respondents

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

October 24, 1988

Ordered that the order is affirmed, with costs.

We conclude that the plaintiff's motion for a Yellowstone injunction (see, First Natl. Stores v Yellowstone Shopping Center, 21 N.Y.2d 630, rearg denied 22 N.Y.2d 827), was properly denied. In order to preserve the right to cure a default under the lease by a declaratory judgment action, the tenant must obtain a stay of...

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