ERS ENTERPRISES, INC. v. EMPIRE HOLDINGS, L. L. C.


286 A.D.2d 206 (2001)

729 N.Y.S.2d 23

ERS ENTERPRISES, INC., Appellant, v. EMPIRE HOLDINGS, L. L. C., Respondent.

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

Decided August 2, 2001.


Under the facts presented and the circumstances alleged, the motion court erred in denying plaintiff's motion for Yellowstone relief without a hearing. Initially, it appears that plaintiff has met the test for granting Yellowstone relief (First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630): (1) it holds a commercial lease; (2) it has received from the landlord a notice of default; (3) the application was...

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