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GRAUBARD MOLLEN HOROWITZ POMERANZ & SHAPIRO v. 600 THIRD AVE. ASSOCS.

234 A.D.2d 49 (1996)

650 N.Y.S.2d 207

Graubard Mollen Horowitz Pomeranz & Shapiro, Appellant, v. 600 Third Avenue Associates, Respondent

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

December 5, 1996

The court properly exercised its discretion in modifying the condition upon which plaintiff was granted a Yellowstone injunction to require payment of partial use and occupancy (see, e.g., 61 W. 62nd Owners Corp. v Harkness Apt. Owners Corp., 173 A.D.2d 372, lv dismissed 78 N.Y.2d 1123). The initial agreement that plaintiff claims...

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