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GYNCOR, INC. v. IRONWOOD REALTY CORPORATION

259 A.D.2d 363 (1999)

687 N.Y.S.2d 57

GYNCOR, INC., Appellant, v. IRONWOOD REALTY CORPORATION, Respondent.

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

Decided March 18, 1999.

Plaintiff's first request for a Yellowstone injunction was properly denied upon the ground that it admittedly could not bond or pay the mechanic's liens specified in defendant's second notice to cure, and thus lacked the ability to cure the alleged default (see, Stuart v D & D Assocs., 160 A.D.2d 547, 548). Any insufficiency in defendant's first notice to cure was irrelevant since the second notice to cure, pursuant to...

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