METROPOLITAN TRANSPORTATION AUTHORITY v. 2 BROADWAY L.L.C.


279 A.D.2d 315 (2001)

720 N.Y.S.2d 12

METROPOLITAN TRANSPORTATION AUTHORITY, Respondent, v. 2 BROADWAY L. L. C. et al., Appellants.

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

Decided January 16, 2001.


In this dispute concerning whether plaintiff tenant was entitled to take certain offsets against its current rent, plaintiff was properly granted a Yellowstone injunction (see, Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assocs., 93 N.Y.2d 508, 514), but should have been required to pay for use and occupancy. (See, e.g., 401 Hotel v MTI/The Image Group, 271 A.D.2d 228

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