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METROPOLIS WESTCHESTER LANES, INC. v. COLONIAL PARK HOMES, INC.

187 A.D.2d 492 (1992)

Metropolis Westchester Lanes, Inc., Doing Business as Loyal Inn Bowling, Respondent, v. Colonial Park Homes, Inc., Appellant

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

November 9, 1992

Ordered that the order is reversed, on the facts, with costs, and the motion is denied.

A leaseholder seeking a Yellowstone injunction (see, First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630) must demonstrate, inter alia, that it has the desire and ability to cure the alleged default by any means short of vacating the premises (see, Pergament...

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