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EAST 4TH ST. GARAGE, INC. v. L.B. MGMT. CO.

172 A.D.2d 292 (1991)

East 4th Street Garage, Inc., Respondent, v. L.B. Management Company, Appellant

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

April 16, 1991

The IAS court properly granted injunctive relief, whether measured under the test for a Yellowstone injunction (Stuart v D & D Assocs., 160 A.D.2d 547) or measured under the traditional test for a preliminary injunction (Rosenthal v Mahler, 141 A.D.2d 625). A termination clause in a lease does not result in automatic termination if it requires some action on the part of the landlord...

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