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DUNWOODIE COMMUNICATIONS v. NOTO

225 A.D.2d 484 (1996)

639 N.Y.S.2d 376

Dunwoodie Communications, Appellant, v. Rubin R. Noto et al., Respondents

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

March 26, 1996

By negotiating and entering into an agreement with the overlandlord, Park South, prior to 120 days before the expiration of the parties' sublease, plaintiff breached the unambiguous terms of the sublease (see, Sutton v East Riv. Sav. Bank, 55 N.Y.2d 550, 555). The 120 day restriction was a negotiated provision for the protection of defendant's interests.

The requested Yellowstone injunction was properly denied...

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