BECKER PARKIN DENTAL SUPPLY COMPANY INC. v. 450 WESTSIDE PARTNERS, L. L. C.


284 A.D.2d 112 (2001)

725 N.Y.S.2d 547

BECKER PARKIN DENTAL SUPPLY COMPANY, INC., Respondent, v. 450 WESTSIDE PARTNERS, L. L. C., Appellant.

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

Decided June 5, 2001.


We reject defendant landlord's argument that the tenant is not entitled to a Yellowstone injunction because it did not make the instant application therefor until after its time to cure had expired and the lease was terminated. The defaults described in the landlord's notice to cure are such as not to be capable of complete cure within the time provided in the notice, even as extended by the parties' subsequent agreements. Under these circumstances, all that the lease...

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