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GAGE v. 103 EAST 75TH ST. APARTMENTS, INC.

235 A.D.2d 376 (1997)

652 N.Y.S.2d 972

Dennis Gage, Respondent, v. 103 East 75th Street Apartments, Inc., Appellant

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

January 30, 1997

We agree with the IAS Court that an issue of fact exists as to whether Dr. Janof is plaintiff's employee to whom plaintiff can provide space without defendant's prior written consent, and that a Yellowstone injunction is warranted to preserve the status quo pending resolution of this issue (see, Post v 120 E. End Ave. Corp., 62 N.Y.2d 19, 25-26). However, to the extent that the IAS Court's decision can be understood...

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