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GREENFIELD v. ETTS ENTERS., INC.

177 A.D.2d 365 (1991)

Harley Greenfield, Appellant and Counterclaim Defendant, v. Etts Enterprises, Inc., et al., Respondents, et al., Counterclaim Defendant Jennifer House, Inc., Appellant, v. Etts Enterprises, Inc., Respondent

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

November 14, 1991

Plaintiffs, alleging that defendants defaulted on various financial reporting requirements imposed by a so-ordered stipulation of settlement, served a notice to cure. As to time to cure, the notice referred to the text of the stipulation, which in turn requires cure "upon demand." Defendants first sought injunctive relief on December 21, 1989.

We agree with the IAS court that the notice to cure does not satisfy the requirement that such notices be unequivocal and...

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