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GOLD-LAND, INC. v. HASKELL

248 A.D.2d 132 (1998)

669 N.Y.S.2d 804

Gold-Land, Inc., Doing Business as Lyn's Cafe, Appellant, v. Steven Haskell et al., Respondents

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

March 3, 1998

The IAS Court's implicit denial of plaintiff's motion for a Yellowstone injunction was proper, but, upon reaching that determination, it should have dismissed the action. CPLR 325 (d) was not a proper vehicle for transferring this action to Civil Court. The parties may raise any outstanding issues in the commercial landlord tenant part of Civil Court (Lun Far Co. v Aylesbury Assocs., 40 A.D.2d 794),...

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